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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank f �)
<br />P.o. aox �BO ��..�v
<br />#14 LaBarre
<br />__ . Gibbo� NE 68840 _ _ FOR RECORDER'S USE ONI_Y
<br />DEED OF TRUST.
<br />THIS DEED OF TRUS7 is dated December 29, 2010, among MICHAEL A PANOWICZ, A/K/A MIK� PANOWICZ
<br />and PATRICIA M PANOWICZ, A/K/A PATRICIA PANOWICZ ("Trustar"); Exchange Bank, whose address is P.O.
<br />Bax 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"1; �nd Exchange Bank, whose address is P.Q. Box 760, Gibbon. NE 68840 (referred #o below as
<br />"Trustee"�.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustea in trust, WITM POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and inierest in and to the following described real property, togeiher with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all wate�, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and profits relating to ihe real
<br />property, including without timitation all minerals, oil, gas, geothermal and similar matters, (thB ° Real Property") IpCated in HALI.
<br />County, Sta#e of Nebraska:
<br />PARCEL 1: 7HE SOUTHEAST O.UARTER (SE1/4) OF SECTION TWENTY TWO (221, TOWNSWIP TWELVE
<br />(12) NORTH, RANG� ELEVEN (11) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA EXCEPTING A
<br />C�RTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED IN A CERTAIN PLAT AND SURVEY
<br />COMPLETED BY THOMAS L. JORQAN, REGISTERED LAND SURVEYQR ON JUNE 30, 9986 AND FILED OF
<br />RECORD AS DOCUMENT NO. 86-104972 ON SEPTEMBER 2, 1986. PARCEL 2: THE SOUTHWEST
<br />O.UART�R (SW1/4) OF SECTION TWENTY TWO (22), TOWNSHIP TWELVE (12) NORTH, RANG� ELEVEN
<br />(11) WEST OF THE 6TH P.M., HALL COUNTY, N�BRASKA EXCEPT A TRACT MURE PARTICULARLY
<br />D�SCRIBED IN B�OK 4, PAGE 1$$; EXCEPTING A CERTAIN TRACT DEEDED TO STATE OF N�BRASKA
<br />MORE PARTICULARLY DESCRIBED IN BOOK $5, PAGE 10; AND EXCEPTING A CERTAIN TRACT DEEDED
<br />TO TWE BURLINGTON NORTMERN AND SANTA FE RAILWAY COMPANY MORE PARTICULARLY
<br />DESCRIB�D IN DOCUMENT NO. 9$-'100374.
<br />The Real Praperty or its address is commonly known as CAIRO, NE 68824. The Real Property tax
<br />identification number is 40Q791229, 400289199.
<br />CROSS-GOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all p6ligations, 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 or any one ar 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 br indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party ar otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whather the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANC�S. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or no[ the
<br />advances are made pursuant to a commitment. Specifically, 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 with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Bensficiary in this Deed of Trust) all of Trustor's right, title, and interes[ in and to all
<br />present and future leases of the Property and all iients from the Properry. In addition, 7rustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PER50NAL
<br />PROPERTY. IS GIVEM TO SECUHE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE QF ANY AND ALL OBLIGATIONS
<br />UNpER THE NOTE, THE RELATED DpCUMENTS, AND THIS DEED QF TRUST. TFIIS D�ED OF TRUST IS GIVEN AND ACCEPTED pN THE
<br />FOLLOWING TEFiMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided irr this Deed of �f'rust, Trustor shall pay to Lender all amounts secured by
<br />this Deed pf 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 Related Documents.
<br />POSS�SSI�N AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use af the Properry shall be
<br />governed by the following prpvisions:
<br />Possession and Use. Until the occurrence of an �vent of Default, Trustor may �1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Prpperty; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessery to preserve its value.
<br />Gampliance With Environmental Laws. Trustor represents and warrants to Le�nder that: (1) puring the period nf 7rustor's own�rship
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release nt any
<br />Hazardous Substance by any person on, under, about ar from the Property; (2► Trustor has no knawledge of, or reason to believe
<br />that there has been, excep[ as previously disclosed to and acknowledged by L.ender in writing, (a► any breach or viplation of 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 pf any kind by any person rela#ing to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trusior nor any tenant, contractqr, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 5ubstance on, under, a6out pr frpm the Property;
<br />
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