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<br />WHEN RECORDED MAIL TO 2 010 a 9 4 7 C y a
<br />Exchanga Bank �
<br />p.o. aox �so ?� �
<br />#94 LaBarre
<br />_._ Gib6on, NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS bEED OF TRUST is dated December 16, 2010, among LBE FAMILY LIMI7'ED PAR7NERSHIP, A Ne6raska
<br />Partnership ("Trustor"�; Exchange Bank, whase address is P.O. Box 760, #14 LeBarre, Gibpon, NE 6$$40
<br />(referred to belvw sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose
<br />address is PA. Box 760, Gibbon, NE 68840 (referred ta below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relatin to tha real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property IoCate� In MALL
<br />County, 5tate of Nebraska:
<br />L�T SIXTY-EIGHT (6$) IN WEST I.AWN, AN ADDITION TO 7HE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA.
<br />The Real Property or its address is commonly known as 1716 N PARK, GRAND ISLAND, NE 6$$03. The
<br />Real Property #ax identification number is 400 9 1 5603.
<br />CROSS-COLLATERALIZA710N. In additivn to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Bvrrower to Lender, or any one or more of them, as well as all claims 6y Lender ageinst Borrower and Trustor
<br />or any one or more of them, whether naw existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquideted, whether Borrpwer or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts m�ay be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or heraafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trusi secures all future advances made by Lender to Borrower qr Trustor
<br />whether or not the advances are made pursuant to a commitment. 5pecifically, without Iimitation, this Deed of Trust secures, in additian
<br />to the amounts specitied in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />tharepn.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of 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, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUS7". INCLUPING THE ASSIGNMEf11T OF RENTS AND THE S�CUHITY INTERE57 IN 7HE RENTS AND PER54NA�
<br />PRpPERTY, IS GIVEN TO SECURE (A) PAYMENT pF THE INDEBTEpNESS AND (B) PERFORMANCE OF ANY ANp ALL bBLIGATIbNS
<br />UNDER THE NOTE, THE RELATEq DOCUMEN'PS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED �N THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. 7rustor warrants that: (�) this Deed of Trust is executed at Borrower's request and
<br />no[ at the request of Lender; (b) Trustor has the full power, right, and authority to enter inta this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of this peed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon 7rustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowar►.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising py reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a cfaim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosurB action, either judicislly or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness seaured by this �eed of Trust as it becom�s d.ue, and earrcvisr and Trustor s�rall s'Crric#1y perform all their respective
<br />obligations und�r the Nole, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that eorrower's and Trustor's possession and use of
<br />the Property shall be 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 Properry;
<br />(2) use, operate or manage the Property; and 13) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenanta6le condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants m Lender that: (1) During the period af Trustor's awnership
<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 from the Property; (2) Trustor has no knowledge of, or reason ta belisve
<br />that there has been, except as previously disclosed to and ack.nowledged b�,/ Lender in writing, (a) any breach or violatinn uf any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Mazar�ous 5ubstance orr, under, about or frpm the Property by any prior owners qr occupants nf the Prpperty, or (c) any actual or
<br />threatened 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, (a) neither Trusior nor any tenant, contractor, agent br bther authorizad usar of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Mazardous 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 Iocal laws, regulations and
<br />ordinances, including wi#hout limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />
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