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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon NE 68840 �,�,_ FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5182,550.00.
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<br />C.J
<br />THIS DEED OF TRUST is dated March 3, 2011, among Kimberly F Lecce and Donald Roudiph Lecce, Wife and
<br />Husband, as joint tennants ("Trustor"); Exchange Bank, whose address is P.O. Sox 760, #14 LaBarre, Gibbon,
<br />NE 68840 Ireferred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank,
<br />whose address is PA. Box 5793, Grand Island, NE 68802 Ireferred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuabte 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 folfoviing described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easemE,F�ts, rights ot way, and appurtenances; aif water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); an.d all other rights, royalties, and profits relating to the real
<br />property, +ncluding without limitation all minera{s, oil, gas, geotfiermal and similar matters, (th6 �� Real Property IOCat@d itl Hell
<br />County, State of Nebraska:
<br />Lot Five (51, of Larue Subdivision, in the'City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 1747 Sagewood Drive, Grand Island, NE 68803. The
<br />Real Property tax identification number is #400432218.
<br />Trusto� presently assigns to Lender (also known as Be�eficiary in this Deed of Trust) aIl 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 Perso�al Property and Re�ts.
<br />THIS DEED OF TRUST, INCLUDING THE ASSI('iNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE ►A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />11NDER TH� NOTE, THE RELATED QOGUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warranis that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c) the provisions of ihis Deed of Trust do not conflici with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) 7rustor 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 7rustor about Borrower �including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives alt rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any oiher
<br />law which may prevent Lender from bringing any action against Trustor, including a claim 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 foreclosure action, either jud'scially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness
<br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shail perform all their respective obligations under the Note,
<br />this Deed of Trust, and the Refated Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the fol�owing provisions:
<br />Possession and Use. Until the occurrence of an Event of Defau{t, Trustor may (1) remain in possession and control of the Property;
<br />12) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to LF�nder that: (1) During the period of Trustor's ownership
<br />ot 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 to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a! any breach or violation of a�y
<br />Environmental Laws, �br any use, generation, manufacture, storage, treatment, disposal, reiease or tnreatened reiease or any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupanYS 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) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about 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 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 />construed to create any responsibility 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 Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cfeanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses wh'+ch 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, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of 7rust, including ihe 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
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