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<br />WHEN RECORDED MAIL 7Q:
<br />Exchange Bank
<br />P.O. Box 7B0
<br />#14 LaBarra � � , SG
<br />F R H R'S Y
<br />DEED OF TRUST
<br />THIS D�ED OF TRUST is dated November 7, 2010, amon� F�iANK1.IN R HOCHSTETL�R, A/K/A FRANKLIN
<br />ROY HOCHSTE7L�R ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #7� LaBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and EXCHANGE 6ANK,
<br />whose address is 9 2p4 AI.L�N DR / PO BOX 5793, GFiAND ISLAND, NE 6$$02 (referred ta below as
<br />"Trustse"1.
<br />GONV�YANCE AND (3RANT. Far valuable consideration, 7rustor conveys fic� Trustee in trust, WITH pQWER OF SALE, for the benefit of
<br />Lender aa Baneficiary, all vf Trustor's right, titla, and interest in and to the fpllowing described real property, tngether with all existing or
<br />subsequently eracted or affixed buildings, improvementa and fixtures; all aasements, rights of way, and appurtenances; all water, water
<br />riahts and ditch rights (including stock in utilities with ditch ar irrigation rightsl; and all other rights, rqyeltias, and profits relating to the real
<br />property, including without limit�tion all minerals, oil, gas, gepthermal and similaC matters, (the ° Real Praperty IOCat@d in HALL.
<br />Caunty, State of Nebraska:
<br />THE NQRTH TWENTY-TWQ (22) FEET OF LOT TEN (701, ALL OF I�OT ELEVEN (11) AN17 THE SOUTHERLY
<br />NINE (9) FEET OF LOT TWELV� ('12�, ALL IN BLOCK TWO (2), FIFTH ADDI710N TO THE VILLAGE OF
<br />CAIRO, HALL COUNTY, NEBRASKA.
<br />The Real Property or i#s address is commanly known as B11 S ALEXANDRIA, CA�IRO, NE 6$824-9737. The
<br />Raal PropQrty tax identification number 1s 4007792Q7.
<br />GRQSS-COLLATERALIZA71pN. In additian to the Note, this peed of Trust secures all obligatiqns, debts and liabilitiss, plus interest
<br />therppn, of Trustor To Lender, or any one� or more of them, as weW as•el! cleiTna by Le�ader�againat i'ruatnr or eny vne or more of them,
<br />whether now existing or hereafter arising, whether ralated or unrelatad to the purppse of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, datermined or undetermined, absolute or contingent, liquidated or unliquidated, whethar Trustor
<br />may be liable individually or jointly with others, whe#her ol�ligated as guarantor, surety, accommodation party pr otherwise, and whether
<br />recovery upon such amounts may ba or hereatter may become barred hy any statute of limitstions, and whether the obligation to repay
<br />such amaunts may be or hereafter may become atherwise unenforceable.
<br />FU7UIiE ADVANCES. In additian ta the Note, this Desd of 'Trust secures all future advances made by Lender to Trustpr whether or not the
<br />advances are made pursuant to a commitment. Specifically, withaut limitation, this D�ed of Trust secures, in addition to the amounts
<br />specitied in the Nnte, all future amqunts Lender in its discretion may Ipan to Trustor, tpgether with all interest thereon.
<br />Trustor presently assigns ta Lender lalso known as eeneficiary in this Deed of Trust) all pf Trustar's right, title, and inter�st in and to all
<br />presant and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Unifprm Commercial
<br />Code securi#y interest in the Persanal Property and Rents.
<br />THIS DE�q OF TRUST, 1111CLUDING THE ASSIGNMENT �F R�NTS AND THE SECURITY INTEREST IN 7HE RENTS AND pERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMEN7 qF THE INDEBTEDNES5 AND, (B) pERFORMANCE OF ANY ANp ALL OBLIGp710NS
<br />UNDER THE NOTE, TH� REI.ATED DOCUM�NT&, AN� THI$ DEE4 QF TRUST. 7HIS DEED QF TRUST IS GIVEN AND ACCEPT�D ON THE
<br />FOLLOWING TERMS: '
<br />PAYM�NT AND PERFORMANCE. Except as otherwlse pravidad in this Deed of '1"rust, Trustar shall pay to Lender all amounts secured 6y
<br />this Deed of 7rust as they 6ecome due, and shall atrictly and in a t{mely manner perform all af Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Dqpuments.
<br />PpSSESSION AND MAINTENANCE QF THE PROPERTY. Trustor agrees that Trustor'a posaession and use af the Property shall be
<br />governed by the following provisions:
<br />Posaession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Properky;
<br />(2) use, operate pr manage the Prpperty; and (3) collect the Rents from the Prpperty.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and prpmptly pertbrm all repairs, replacements, and
<br />maintenance nece&sary to preserve its value. :.
<br />Compliance With Environmentai Lewa. Trustor repreaenta and warrant5 to Lender that: (1) During the peridd of 7rustor's ownership
<br />of the Proper#y, there has baen no use, �enaration, manufBC#ure, storags, treatment, disposal, release or threatenad release of any
<br />Mazardous Substance by any perspn on, under, about or from the Property; �2) Trustor has no knowtedge of, or reason to believe
<br />that there has been, except as praviously discinsed to and acknowledged by �ander in writing, (a) any breach or violation af any
<br />Environmental Lawa, (6) any uas, genera#ion, manufecture, storage, treatment, disposal, release or threatened release of any
<br />Hazardpus Substance on, under, about or from the Prnparty by any prior owners ar occupants of the Prpper#y, or (c) any actual or
<br />threatened litigation pr claims af any kind by any person relating tp &uch matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) ne►thsr Trustor nor any tenant, cpntractor, agent or qther authorized user of the Property
<br />shall use, generate, manufactura, store, treat, dispose of or release any Hazardous Subatance on, under, abnut 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 withaut limitation all Environmental Laws. Trustpr authorizes Lender and its agents to enter uppn the Rroperty
<br />to make such inspections and tests, a# Trustor's expense, as Lender may deem appropriate ta determine compliance of the Property
<br />with this sectipn of the Dsed qf Trust. Any inspections qr testa made by Lander shall be for Lsnder's purposes pnly and shall not be
<br />construed to create any responsibility pr I1a6111ty on the part of Lender to Trus#or pr tp any 4tMer perspn. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Prop�rty for Hazerdous Substances. Trustar
<br />here6y (7) releases and waives any future claims against Lender for indemnity or contribution in the event Trusior becomes liable for
<br />cleanup or other casts under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lsnder againsi any and all
<br />ciaims, losses, liabilities, damages, psnalties, and expenses which Lender may direc�ly or indirsctly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a conaequance of any usa, g6n@ration, manufacture, storage, disposal, release ar
<br />threatened release occurring prior ta Trustqr's awnership or interast in the Prqper4y, wheth8r or not the same was or shquld have
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