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<br />WHEN RECORD�D MAIL T�:
<br />Exchange Bank
<br />P.O. 9ox 760
<br />#74 LaBarre
<br />Gibbon, NE__�$$40 ,,,�„ F ECORDER'S USE ONLY
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<br />DEED OF TRUST �
<br />MAXIMUM LI�N. The lien of this Deed af Trust shall not exceed at any one time $138,Q00.00. ,�
<br />THIS DEED OF TRUS7 is da#ed November 22, 2070, among Colleen J Carey aka Colleen Jo Carey, A Single � �'
<br />Person ("Trustor"1; Exchange Bank, whose address is P.O. Box 7fi0, #14 LaBarre, Gibbon, NE 68840 (referred
<br />to below some#imes as "Lender" and sametimes as "Beneficiary"); and Exchange Bank, whose address is P.O.
<br />Box 5793, Grand Island, NE 68802 (referred to bel�w as "Trustee").
<br />CpNVEYANC@ AND GRANT. Fvr valuable consideration, Trustor conveys to Trustea in trust, WITH POWER OF SALE, for the 6enefit af
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the follovaing described real property, together with all existing or
<br />subssquently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, qil, gas, geothermal and similar matters, (th9 ° Real Property located in Hall
<br />Coun#y, State of Nebrask�:
<br />Lot One (1), Bluhm Subdivision, Hall Caun#y, Nehraska.
<br />The Real Property or its address is commanly known �s 302$ N Webb Road, Grand Island, NE 6$$03. The
<br />Real Property tax identification number is #400202158.
<br />7rustor presently assigns to Lender (also known as Beneficiary in this beed 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 eddition, Trustor grsnts to Lender a Uniform Commercial
<br />Code security irterest 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 INDEBTEDNE55 AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NQTE, THE RELATED DOCUMENTS, AND THIS DEEp OF TRUST. THIS DEEb OF 7RUST IS GIV�N AND ACCEPTED ON THE
<br />FQLLOWING TERMS:
<br />PAYMENT AND P�RFORMANCE. Except as otherwisa provided in this Deed 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 Relatad Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that 7rustor'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) collsct the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perfarm 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 praperty, there has been no use, generation, manufacture, storage, trea#ment, disposal, release or threatened release of any
<br />Wazardous Substance by sny person on, under, about or from the Proper[y; (2) Trustor hes no knowledge af, ar reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any braach or violation of any
<br />�nvironmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, relaase or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants ot the Property, or (c) any actual or
<br />thraatened 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, 1a1 neither Trustor nor any tenant, contractor, agent or other authorizad user of the Property
<br />shall use, generste, manufacture, store, treat, dispose of or release any Hazardous 5ubstance 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 #o 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 af Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />cpnstrued 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 Properiy for Hazardous 5ubstances. Trustor
<br />hereby (1) releases and waives any future claims ayainst Lender for indemnity or contribution in the event 7rwstor becomes,liable for
<br />cleanup or other costs under any such laws; and (2) sgrees to indemnify, defend, snd hqld harmless Lender against any and all
<br />claims, Iosses, 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 Trustar's vwnership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the �eed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfactiqn and reconveyance of the lien pf this beed of Trust and shall not be
<br />affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisanca, Waste. Trustor shall not causa, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Trustor will not ramove, or grant to
<br />any other party the right to remove, any timber, minerals (including oil end gas►, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
<br />Removal of Improvements. Trustvr shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consen#. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfactory
<br />to Lender to replacs such Improvements with Improvemen[s of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Proparty at all reasonable times to
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