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<br />WNEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. eox 760
<br />#14 LaBarre
<br />Gibbon NE 68840 F R R RPER'S USE ONLY
<br />DEED OF TRUST �
<br />�
<br />THIS D�ED OF TRUST is dated December S, 2010, among �ncinger Enterprises, LLC, A Nebraska Limited ��
<br />Liability Company ("7rustor"); Exchange Bank, whose address is P.O. Box 7fi0, #14 LaBarre, Gibbon, NE �,.
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose.
<br />address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuebla consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, far tha benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interes[ in and to the following described real property, together with all existing or
<br />subsequently 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, oil, gas, geptharmal and similar matters, (the "RA81 PrOp�rty") IoCated In Mall
<br />County, State of Nebraska:
<br />Lot Five (5►, Mehring and Kelly Subdivision, to the City af Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 9619 S Lincoln, Grand Island, NE 68801.
<br />CROSS-COLLA7ERALIZATION. 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 all claims by Lender against Trustor ar sny one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />m�y be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or atherwise, and whether
<br />recovery upon such amounts msy be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may became otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this beed of 7rust secures all future advances made by Lender to Trustor whether or nnt the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of 7rust secures, in addition to the amounts
<br />spacified in the Note, all future amounts I�ender in its discretinn may Ioan to Trustor, together with all intBrest thereon.
<br />Trustor presently assigns tn Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to aII
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />7HIS DEEp QF TRUST, INCLUDING THE ASSIGNMENT OF REN75 AND TME SECURITY INTEREST IN 1"HE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECUFIE (A) PAYMENT OF THE INpEBTEUNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIDNS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, ANI] THIS DEED OF TRUS7. THIS pEED OF TRUST IS GIVEN AN� ACCEPTED QN THE
<br />FOLLOWING TERMS:
<br />PAYMEN7 AND PER�ORMANCE. Except as otherwise provided in this Deed af Trust, Trus[or shall pay to Lender all amounts secured by
<br />this Deed of Trust ss they become due, and shall strictly and in a timely manner perform alI of Trustor's obligations under the Nota, this
<br />Deed af Trust, and the Related Documents.
<br />P05SESSION ANb MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the fotlowing provisions:
<br />Possession and Use. Until the occurrence of an Event ot Default, Trustor may (1) remain in possession and control af the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty tv Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmantal Laws. Trustor represents and warrants to Lender that: (1) During the periqd 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 />Mazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge pf, pr raason to believe
<br />that there has bsen, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation af any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, trea#ment, disposal, release or threatened relsase of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or cleims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, sgent ar other authorized user of the Properiy
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, abaut 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 limitatipn all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Prpperty
<br />to make such inspections and tests, at 7rustor's expense, as Lender may deem appropriate to determine compli�nce of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />cvnstrued to create any responsibility or liability on #he part of Lender to "Crustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Praperty for Hazardous 5ubstances. Trustor
<br />hereby (1 � releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lendsr against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustein or suffer resulting from a
<br />breach of this section nf the �esd of Trust or as a consequence of any use, generation, manufacture, storage, disposal, retease or
<br />threatened release occurring priar to Trustor's ownership vr interes[ in the Property, whether or not the same was or should have
<br />been known ta Trustor. The provisions of this section of the Deed 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. 7rustor shall not cause, conduct vr permit any nuisance nor commit, permit, or suffer eny stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality nf the foregoing, Trustor will not remove, or grant to
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