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<br /> <br /> <br /> rrrrr~rr! K n r, C <br /> <br /> 4? <br /> N ~a Z © v <br /> a a ' I•- <br /> N .9 M1 ~ 1-" Cam/) -TI <br /> x rT, ~ z <br /> rn m ti <br /> Z)- CD Cn <br /> - <br /> Cn <br /> 00 W, <br /> WHEN RECORDED MAIL TO: <br /> Exchange Bank <br /> P.O. Box 760 35.50 <br /> #14• LaBarre <br /> Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated June 23, 2010, among Encinger Enterprises, LLC, A Nebraska Limited Liability <br /> Company ("Truster"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 <br /> (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose <br /> address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br /> Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br /> subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br /> rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br /> property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall <br /> County, State of Nebraska: <br /> Lot Eight (8), in Block Ninety Four (94), in the Original Town, now City of Grand Island, Hall County, <br /> Nebraska. <br /> The Real Property or its address is commonly known as 118 South Vine, Grand Island, NE 68801. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br /> thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, <br /> whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br /> whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br /> recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br /> such amounts may be or hereafter may become otherwise unenforceable. <br /> REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which <br /> obligates Lander to make advances to Trustor so long as Truster complies with all the terms of the Note. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br /> present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br /> Code security interest in the Personal Property and Rents. <br /> THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE 'SECURITY INTEREST IN THE RENTS AND PERSONAL <br /> PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br /> UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br /> FOLLOWING TERMS: <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Trustor shall pay to Lender all amounts secured by <br /> this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br /> Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be <br /> governed by the following provisions: <br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br /> (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br /> maintenance necessary to preserve its value. <br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br /> of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br /> Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe <br /> that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any <br /> Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any <br /> Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br /> acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property <br /> shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br /> and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and <br /> ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br /> to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property <br /> with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br /> construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and <br /> warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor <br /> hereby (1) releases and waives any future claims against Lander for indemnity or contribution in the event Trustor becomes liable for <br /> cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all <br /> claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a <br /> breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or <br /> threatened release occurring prior to,Trustor's ownership or interest in the Property, whether or not the same was or should have <br /> been known to Trustor. The provisio~of this section of the Deed of Trust, including the obligation to indemnify and defend, shall <br /> survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be <br /> affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. <br /> Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on <br />