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<br />WH�N RECQRDED MAIL TO:
<br />Exchange Bank ' �� C �
<br />P.O. Box 7G0 J
<br />#14 LaBarre
<br />Gi n N� 6 FOR C R ER'S � NLY
<br />D�ED OF TRUST
<br />THIS DE�D QF' TRUST is dated November 4, 2p10, among Joshua R Rhaads and Ashley K Rhaads, Husband
<br />and Wife as Joint 7enants, whose address is 42p4 Utah, Grand Island, NE 688Q3 ("�'rustor"1; Exchange Bank,
<br />whose addresa is P.O. Box 760, #14 l.aBarre, Gibbon, NE 68$40 (referred to below somQtimes as "Lender"
<br />and somatimes as "Beneficiary"); and �xchange Bank, whnse address is P.O. Box 760, Gibbon, NE 68840
<br />(referred to below as ,"TrustQa" �, ..
<br />CONVEYANCE ANp GRANT. Far valuebla considera#ion; Trustor convays to Trustaa in trust, WITH POWER QF'SALE, for the henafit of
<br />Lendar as,,Benaficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements, and fiixtures; all easemer,nts, righxs of way,, and appurtenancas; all, water, water
<br />rights and ditch rights (including stock in utilities with ditch or i'rrigation,�rights); and all pthe�r right$, rvyalties; and profits relating to tM� raal
<br />property, including without limitation all minerals, oil, gas, geathermal and similar matters, (#h9 '� Real Property IpCated i11 Mall
<br />Caunty, State of Nebraska:. . ,
<br />I.at Ona Hundred Twenty Seven (927), LARU� Subdivision, in the City of Grsnd Island, Hall County
<br />Nebraska
<br />The Real Property or its address is commanly known as 92Q Sagewaad Ave., Grand Islsnd, NE 68803.
<br />CFipSS-COLLA7ERALIZATIQN, In additlon to the Nota, this Deed of Trust securas all abligatlons, debts and liabilitiea, plus interest
<br />theraon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor pr any one or more pf them,
<br />whether now existing or hereafter arising, whether related or unrelated tp the purpose of the Nate, whether voluntery or otherwise,
<br />whether due or nat 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 guaran#or, surety, accommodatfan party or otherwise, and whether
<br />recovery upon such amaunts may 6e or hereaftar may become barred by any statute of limitations, and whether #he obligation to repay
<br />such amounts may be or hereafter may 6ecome otharwise unenforceable.
<br />�UTURE ApVANCES. In addition to the Note, this Deed of Truat secures all future advances made by Lender to 7rustor whether or not the
<br />advances are made pursuant to a commitmant. Specificelly, witMout Iimitatlon, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts l.ender in its discretion may loan to Trustor, together with ell interest thsreon.
<br />Trustor presently assigns ta Lender (also known as 8eneficiary in this Deed of 7rust) all af 7rustor'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, 7rustor grants to Lender a Uniform Commercial
<br />Code sacurity interest in the Personal Property and Rents.
<br />THIS DEED OF 7RUST, INCLUPING TH� A551GNM�NT OF RENTS AND T'HE SECURITY INTERE57' IN THE RENTS .AND p�RSONAL
<br />PROpERTY, I$ GIVEN TO SECURE ,IA), PAYMENT, OF TH� IND�BTEDNE5S ANp, (B��, PERFDRMANCE OF ANY,qND AI.L OBLIGATIONS
<br />UNDER THE NQ7E, THE RELi4T�D DOCUMENTS, AND 7WIS. DEEp,QF TRUST. THIS' DEEp OF tRUST IS GIVEN�ANI� ACCEPTEp ON THE
<br />FOLLPWING TERMS: •
<br />{'AYMENT ANp P�RFQRMANCE. Excapt as otherwise provided in this'Daad of Trust, Trustor shail pay to Lender all amounts secured by
<br />this bsed of Trust as they becoma due, and ahall strictly and in a timaly manner perform all af Trustor's abligations undar the Note, this
<br />�esd of Trust, and the Related Documents.
<br />PdSS�S51pN AND MAINTENANC� D� TME PROP�RTY. Trustor agrees that Trustar's possession and use of the Property shall be
<br />governed �y the follqwing provisions: •
<br />Possession and Use. Until the nccurrence of an Evant of Default, Trustpr may (1) remain in possassion and control of the Property;
<br />�2) use, operate or manage the Property; and (3) collect the Rants from the Property.
<br />Duty ta Maintain. Trustor shall maintain the Property in tanantahla condition and promptly parform all repeirs, replacements, and
<br />maintenanca necessary to preserve its value.
<br />Compliance With Environmental Lnws. Trus#or represents and warrants to Lendar that: (1) puring the period of Trustor's ownership
<br />pf the Property; there has baen no use, generation, manufacture; storage, treatment, disposal, release. or threatened release nf any
<br />Hazardous Substanca by any parson on, under, about or fram the Property; (2) 7rustor has no knowledga af, or reason to believe
<br />that there has been, axcept as previously disclosed to and acknowledged by Lender in writing, (a) any breech or violation af any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposel, release or threatened release nf any
<br />Hazardous Substance on, under, about or from the Propert.y 6y any prlor owners or qccupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person releting to such matters; and (3) �xcept as previously disclosed to and
<br />acknowledgad by Lender in writing, (a) neither Trustor nor any tenant, cantrector, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of ar release any Mazardous Substanca on, under, about or from zhe Property;
<br />and (p) any such activity shall be conducted in compliance with all applicable fedaral, state, and locai laws, regulatiqns and
<br />ardinances, including withaut limitatian all Environmental Laws. Trustor authnrizes Lender and its agents ta enter upan the Property
<br />to maka such inspections and tests, at Trustar's expense, as Lender may deem appropriate to determine cqmpliance pf the Property
<br />with this section of the Daed of Trust. Any inspections or teats made by Lender shall be for Lender's purposes only and shall not be
<br />cpnstrued to create any responsibiiity pr liability pn the part of Lender tp 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 Hazardaus Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in th� euent Trustar hecomes liable for
<br />cleanup or o#her costs under any such laws; and �2) agress to indamnify, defend, and hold harmless Lender against eny and all
<br />ciaims, losses, liabilities, damages, penaltiea, and experises which Lendar may directly or indirectly sustain or suffer resulting from a
<br />6raach of this section of tha peed of Trust or as s consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior ta Trustor's ownership or interest in the Praperty, whe#har or not tha same was or shnuld have
<br />been known to Trustor. The provisions of this section of the Dead of Trust, including the obligativn to indemnify and defand, shall
<br />survive the payment of the Indebtedness and the satisfaction and raconveyance ot the lien of this �ead of Trust and shell not be
<br />affected by l.ender's acquisition of any interest in the Property, whether by foreclosure or otharwise.
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