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<br />WHEN RECORDED MAIL T0: � �" � �
<br />Exchange Bank
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<br />P.p. Box 760
<br />#74 LaBarr�
<br />ibbon NE 68840 OR REC HR' U ONLY
<br />DEED OF TRUST �
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<br />THIS DE�D OF 7RlIST is dated November 22, 2010, among Colleen J Carey a/k/a Colleen Jo Carey alk/a ��'
<br />Colleen Carey, A Single Persan ("Trustor"►; Exchange Bank, whose address is P.O. Box 760, #9a LaBarre,
<br />Gibbon, N� 68840 (referred to belaw sometimes as "Lender" and sometimes as "'Beneficiary"); and Exchange
<br />Bank, whase address is P.O. Box 5793, Grand Island, NE 68802 (referred #a below as '"Trustee"►.
<br />CpNVEYANC� ANb GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH PQWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the follnwing described real property, together with all existing or
<br />subsequently erected or affixed buildings, impravements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with di[ch or irrigation rightsl; and all other rights, royalties, and profits relating to the real
<br />prpperty, including withput limitation all minerals, oil, gas, geothermal and similar matters, (th@ "� Real Property �OCBted in Mall
<br />County, State of Nebraska:
<br />Lot Twa (21, L& S Subdivision, in the City of Grand Island, Wall County, Nebraska.
<br />AND
<br />Lot One (1►, L& S Subdivisian, in the Clty of Grand Island, Hall County, Nebraska.
<br />The Re�l Property or i#s address is commonly known as 414 N Jefferson and 9405 W 5th Street, Grand
<br />Island, NE. The Real Praperty tax identification number is #40002233$ and #40p022346.
<br />CROSS-COLLATERpLIZATION. 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 ell claims by Lender against Trustor or any one or more of them,
<br />whether now existing vr hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or npt due, direct or indirer.[, determined or undetermined, a6solute or contingent, liquidated or unlipuidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upvn such amounts may be or hereafter may become 6arred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />7rustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trus#or'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 Unifqrm Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEEp OF TRUST, INCLUDING TH@ ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND 18) pERFpRMANCE pF ANY AND ALL OBLIGATIONS
<br />UNDER TME NOTE, THE RELAT�D DOCUMEN7S, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AN17 ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT ANb PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this Desd of Trust as they become due, and shall strictly and in a timely manner perform all ot Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POS5ES510N 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, 7rustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or managa the Property; and (3) collect the Rents from the Property.
<br />Duty ta Maintain. Trustar shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necesssry to preserve iYS 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 fram the Property; (2) Trustor has no knowladge 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 an, under, about or from the Proper[y by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigatipn or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledgad by Lender in writing, (a) neither Truator nor any tenant, convactor, agent or qther authprized user pf the Proparty
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, aBput 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 Prbperty
<br />with this section vf 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 crea#e any rasponsibility or liability on [he part of Lender to Trustor or tu any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazerdous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor 6ecomes 1ia61e for
<br />cleanup or other costs under any such laws; and (2► agrees to indemnify, defend, and hold harmless L�rnder against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain nr suffer resulting from a
<br />breach of this section pf the Deed of Trust or as a consequence of any use, generation, manufacture, stprage, disppsal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or nvt the same was or should have
<br />been known to Trustor, The provisions of this section of the peed 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
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