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<br />WMEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#94 LaBarre
<br />Gibhon NE 68840 F R RE RDER'S USE ONLY
<br />oE�o o� TRUST �.
<br />n
<br />THIS DEED OF TRUST is dated December 29, 201Q, among PANOWICZ LAND COMPANY LLC, whose address f..` r'
<br />is 70288 W WHITE CLOUD RD, CAIRO, NE 68824 ("Trustor"�; Exchange Bank, whvse address is P.O. Box
<br />760, #14 LaBarre, Gibbon, NE 68840 (referred ta below sometimes as "Lender" and sometimes as
<br />"Beneficiary"►; and Exchange Bank, whose address is P.O. Box 760. Gibbon, NE 6$$40 (referred to below as
<br />"Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideratian, Trustor conveys ta Trustee in trust, WITH POWER OF SALE, for the penafit of
<br />Lender as Beneficiary, ail of Trustor's right, titie, and interest in and to the following described real propsrty, tagether 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 relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Re81 Property") located in HALL
<br />County, State of Nebraska:
<br />See EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully
<br />se# farth herein.
<br />The Real Praper#y or its address is cammonly knawn as C�IRO, N� 68824. The Real Property tax
<br />identification number is 400198223, 40019823'1, 40p47pp4$,
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, de6ts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of #hem, as well as all claims by Lender against Trustor or any one or mor� vf them,
<br />whether naw existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or atherwise,
<br />whether due or not due, direci or indireci, determined or undetermined, absolute pr contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred 6y any statute of Iimitatians, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ApVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender [o Trustor whether or not the
<br />advances are made pursuant to a commitment. 5pecifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together wi�h all interes[ ihereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed 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 addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS �EED QF TRUST, INCLU�ING THE ASSIGNMENT QF RENTS AND THE SECURITY INTEREST IN THE RENTS ANp PERSONAL
<br />PROp�RTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INPEBTEDNESS AND (B) PERFORMANCE pF ANY AND ALL OBLIGATIONS
<br />UN�ER THE NpTE, TW� RELATED DOCUMEN'f5, AND THIS DEE� OF TRUST. THIS DEEC7 OF TRUSt IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amaunts secured 6y
<br />this beed of Trust as they become due, and shall strictly and in a timely manner pertorm all of Trustar's obligations under the Note, this
<br />Deed of "frust, and the Related Documents.
<br />PpSSE5510N ANO MAINTENpNCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall b�
<br />governed by the fnllnwing provisions:
<br />Possession and Use. llntil 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) 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. 7rustor 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 3u6stance by any person nn, under, about or from the Property; (2) Trustor has no knawledge 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 qf any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release 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 claims of any kind by any person relating to such matters; and (3) �xcept as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenani, contractor, agent or other authorized user of the Prqperty
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, a6out or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, sta�e, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and i#s agents to enter upon the Property
<br />to make such inspections and tests, at Trustor's expanse, as Lender may deem appropriate to determine campliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made 6y Lender shall be for l.ender's purposes only and shall not be
<br />construed to create any respbnsibility 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 Property for Wazardous Substances. Trustnr
<br />hereby (1) releases and waives any fuiure 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 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, starage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the seme 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
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