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�� ,...� �� �� N � � _ � � � � � � v � w �� � �� - r.� � �� �•�'a�, � , ! � � 'r .� :. . � � � � � m C =nv At� � i �i n � �1 � r_ :� �.4. �-t. �' _.:� ` � z� �, �'� _.-� �.,, ? . — � � `�� N -„ � _r_� ( C�J (�1: R � , � � v� � � N CJ� C7 U� Q —a � � � �--+ � �m: -� �-, ca �*� TJ C.I7 �.... �v r rr tn x A � � C�7 Cn � N � � �� �7 � � W C.O WHEN RECORDED MAIL TO: Exchange Bank P.p. 8ox 760 #74 I.aBarre i F RDER'S USE ONLY m � � m v n � Z CI] ^"� � C C� � Z D DEED OF TRUST �� THIS DEED OF TRUSI" is dated October 1$, 2010, among Trent R Huff and Penni L Huff, Husband and Wife as � Joint Tenants ("Trustor"1; Exchange Bank, whose address is P.O. Bax 760, #14 L�Barre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 lreferred ta below as "Trustee"1. CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SAL�, for the 6enefit of Lender as Beneficiary, all of ?rustor's right, ti#le, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, imprpvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch righis (including stock in utilities with di#ch ar irrigation rights►; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th� "R@al Propel'ty") IoCated In Hall County, State of Nebraska: Lot One ('� ), Block Eight (8), in Harrison's Subdivision, in the City of Grand Island, Hall County, Nebraska. The Real Property or its address is cammonly known as 1�28 N Lafayette, Grand Island, NE 68803. CROSS-CpLLATERALIZATION. In addition to the Note, this Deed of Trust sacures all obligations, debts and liabilities, plus interest thereon, nf 7rustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or mors of them, whether now existing or hereaiter arising, whather related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct vr indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or join#ly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter mey become barred by any statute of limitations, and whether the obligation to repay such ampunts may be or hereafter may become otherwise unenforceahle. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to 7rustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with alf interest thereon. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all pf Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. TNIS pEED OF TRUST, INCLUDING THE ASSIGNMENT QF RENTS AND THE 5ECURITY INTEREST IN THE RENTS AND PERSONAL PRQPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEB7EDNE$5 AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, TWE RELATED DOCUMENTS, AND THIS bEEb pF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTE� ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perfprm all of Trustor's obligations under the Note, this Deed of Trust, and the Related pocuments. POSSE5510N AND MAINTENANCE pF TME PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (7) remain in possession and control of the Property; (2) use, operats or manage the Property; and 13) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantabla condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Gpmpliance With Environmental Laws. Trustor represents and warrants to Lender that: (11 During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardpus Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, abvut or from the Property 6y any prior owners or occupants vf the Property, or (c) any actual or threatened ptiga#ion pr claim� of any kiFld -by any ,persqn relatiqg tp such matters; and �3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenani, contractar, agent or other authorized user of the Property shall use, generate, manufacture, store, treet, dispvse of or release any Mazardous Substance on, under, about or from tha Property; and (b► any such activity shall be conducted in compliance with all applicable federsl, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property with this sectipn pf the Deed of Trust. Any inspections or tests made by Lender shall he for Lender's purposes only and shall not be construed to create any responsibility or liability on the part af Lender to Trustor or to any other person. The representations and warranties contained herein are based on Trustor's due diligence in invastigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contributivn in the event Trustor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Landar against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a 6raach of this section of the �eed of Trust or as a cvnsequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisians af this section of the Deed of Trust, including the obligation to indemnify and dafend, ahall surviva the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisence, Waste. Trustor shall not cause, conduct ar permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not remove, or grant to � ` l.� .