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� <br />� <br />N � <br />0 � <br />� <br />� � <br />� � <br />B <br />� � <br />� <br />� <br />� <br />� <br />� <br />� <br />— <br />— <br />� <br />C <br />�NN <br />� Z <br />� � G, <br />d9 t : � o --� <br />:L g" x� C D <br />1l11E-� � --� � � <br />� '•' -,..., -i t-r'' <br />� � � rF,' � � C <br />T <br />G ti {�,� O <br />� � _ _ p�, -*} z <br />� � fTt <br />fn �"_.' � I, c7 <br />-"' � r� n <br />r�i <br />� � <br />c � , � � <br />o ' . , �, ? <br />k�-�v �� I I `�; 4 ; � <br />o �- � <br />WHEN RECORDED MAIL T0: �' <br />Exchange Bank <br />P.O. Bax 760 <br />#14 LaBarre <br />____Gibbon. NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST Is dated March 3, 2011, among TRACY L BREWER, A Single Person ("Trustor"); <br />Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below <br />sometlmes as "Lender" and sometimes as "Beneficlary"); and Exchange Bank, whose address is P.O. Box <br />760, Glbbon, NE 69840.(referred to below as "Trustee"}. <br />CONVEYANCE AND CiRANT. For valuabla consldxation, Trustor conveys to Trustee m trust WITH POWER OF SALE, for tho benefR of <br />Lender as Beneficiary, all of TrustoPS right title, end Irrterest in and to the tollowing d�crlbed �eal property, together with all ex�stlng or <br />subsequently erected or affixed buildings, improvemenls and fixtures; ail easemeMa, nghffi ot way, and eppurtenances; all water, weter rights end <br />ditch nghts (including stock m utilides with ditch or irngatlon riqhts); end efl other rights, royaltfes, and profits relating � the realp�operly mcluding <br />without �lmiffition all mmerals, WI, gas, geothermal and similar matters, (the "RP.aI PI'opel't�/"? IoCatCd ln HALL Gounty� StBte Of <br />Nebraska: <br />LOT SEVEN (7), IN BLOCK TEN (10), IN JOEHNCK'S ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY,NEBRASKA <br />The Real Property or its address is commonly known as 664 E BISCHELD, GRAND ISLAND, NE 68801. <br />The Real Property tax identlfication number is 400050129: <br />CROSS-COLLATERALIZATION. In addftion to the Note, this Deed of Trust secures all obllgatlons, debts and Ilabilitles, plus irrterest thereon, ot <br />Truawr to Lender, or any one or more of tliem, ae wefl as all cla�ms by Lender against Trustor or anv one or more of them, whether now existing <br />or hereafter ansing, whether related a unrelated to the purpose of the Note, whether vduntary or othenvise, whether due or not due, direct a <br />indirect, determined or undetermuied, absdute or condngerrt, Iiquldated or unliquideted, whether Trustor mav be Iiable �ndNidually or rointN witli <br />others, whether obligated as guerantor, aurety, accommodation party or otherwise, and whether recoveN upon such artaunts may be or hereafter <br />maY becane darred bv any statute of limitations, and whether ihe obligation to repaY such amounts may be or hereefter mey becane otherw�ae <br />unentorceabte. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all fu[ure advances made bv Lender to Trustor whether or not fhe <br />advances are made pursuant to a commihnent. Specitically, wittiout Ilmltadon, this Deed of Trust secures, in additlon ro ihe amounts specified In <br />the Note, all firture amouMs Lender In its discretion may loan b Trustor, together wHh all interest theraon. <br />Trustor presentlV assigns to Lender (elso known as Beneflciarv in this Deed of Trust) all of Tnutors rlght, Gtls, ard iMerest In and to all present <br />and tuture leases ot the Property and all Rents from the PropertV. In addition, Tn�stw grants to Lender a UnHOrm Commerc�al Code securlry <br />interest in the Personal Property and ReMS. <br />THIS DEED OF TRUST, INCLUDINO THE ASSIGNMEPJT OF RENTS AND THE SECURITY INTEREST IN THE REN7S AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT O� THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRU3T. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />PAYMENT AND PERFOAMANCE. Except as otherwise provkJed !n this Dsed of Trust, Trustor shall pay ta Lander all amouMS Secured bV this <br />Deed o( Trust as thev become due, and shall striutly and in a tlmelV manner pertorm all of Trustor's obligations under the Note, this Deed of Trust, <br />and the Releted Documents. <br />POSSESSIQN AND MAIN7ENANCE OF THE PROPEHTY. TnisUOr agrees that Trustor's possesswn and use of the Property shall be govemed <br />bv the tollowing p�ov�sions: <br />Possess�on and Use. Until the xcurrence of an Event of Detault, Trustor may (1) remafn m possession and coMrol of the Property; (2) <br />use, operate or menage the Property; and (3) cdlect the Rents from the Propertv. <br />Duty to Maintain. Trustor shell meintain the Property in tenantable condition and prampdy perform all repatrs, raplacemeMS, and <br />malntenence necessary to preserve its vatue. .. <br />Compllance Wfth Envirommental laws. Trustor represents and warrents to Lender that (1) Durmg the period ot Trustor's ownership ot <br />the Property, there has been no use, generation, manutaoture, Btoraqe, treatrnent, disposal, relesse or threetened release ot env Hazardous <br />Substance by anv persan on, under, about or trom the Properry; (21 Trustor has no knowledge ot, or reason to believe that there hes besn, <br />except as prevwusly disdosed to end acknowledged by lsnder m writlng, �a) any breach or violatian ot any Ernironmental Laws, (b1 any <br />use, 0eneration, manuracture, storege, treatrnent, disposal, release or threatened release ot anv Hazardous Substance on, under, aboul or <br />irom the Property by anY prior owners or occupa�ts ot the Properry, or iC) arn+ ectuet or threatened IRlgation Or claims at arrv kind by any <br />person relating to such mariers; and (3) Except as previously dlsclosed W and acknowledged by Lender in wriling, (e} neither Tnistor nor <br />env tenant, contractor, agent or other authorized user of the PropertV shall use, generate, manutactur6, store, treat, dispose of or release anv <br />Hazardous Substance on, under, abaut or trom the Property; and (b) eny such activiN shall be conciucted in complience with all applfcable <br />tederal, stata, and local laws, regulatbns and ordinances, including witliout limitatiqn all Ernironmental Laws. Trustor authonzes Lender and <br />its agents to enter upon the Property to make such �nspectbns and teats, at Trustor's axpense, as Lender may deem appropnate to <br />determine compllance of the Property wlth this secGon ot the Desd of TrusL My mspectlons or tesffi made by Lender shall be tor Lenders <br />purposes only and shall not be construed to create any responsibllity or liability on the pert of Lender ro Trusror or to eny other person. The <br />representations and warranties contained herem are besed on Trustors due diligence m InvesUgating the Property tor Hazardous <br />Substances, Trustor hereby (1) refeases and wsrves any nriure claims agemst Lender ror indemntty or conh(butlon in the event Trusior <br />becames Ilable tor deanup or other costs under any such laws; arW (2) aprees to Indemnify, detend, and hold hartNess Lender agax�st any <br />and all claims, losses, IiabilRies, damages, penakies, and expenses which Lender may directly or Indirectly sustain or suffer resuking irom e <br />breach of this secuon of ihe Deed of Trust or as a consequence ot any use, generation, manutacture, storape, disposal, release or threatened <br />release accurnng prior to Trustors ownership or u�terest in the Property, whether or not the sama was or should have been known to Trustor. <br />The prowsions ot this section oT tha Deed of Trust, mGuding the obllgaYan to indemnity and detend, shall survive the payment ot the <br />Indebtedness and the satistactlon and reconvevance of the lien of thls Deed of Trust and shall not be affected by Lender's acqulsidon ot any <br />iMerest in the Property, whetfler by toreclosure or otherwise. <br />G7 <br />N <br />O <br />� <br />F-' <br />O <br />N <br />1--' <br />Ca <br />� <br />� <br />v <br />� <br />� <br />� <br />C <br />� <br />-�1 <br />� <br />d <br />3s .� <br />