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<br />WHEN RECORDED MAIL T0:
<br />Exchange Bank
<br />P.O. Box 780
<br />M14 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"j;
<br />Exchange Bank, whose address is P,O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referced to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address Is P.O. Box
<br />760, Gibbon, NE 68840 (referred to below as "Trustee").
<br />CONVEYAHCE AND liRANT. For valueble consideratlon, Trustor conveya !o Trustee �n trust, WITH POWER OF SALE, tor ihe benetit ol
<br />Lender as Beneficiary, all of Trustor•s ngM, tiUe, and interest in and to the fdlowing described real property, topether with all exisnng or
<br />subsequentlV erected or affixed bulWfngs, ImprovemBMs and flxlures; all easements, rights ot wey, and appurtenances; all water, water rights and
<br />ditch nghts (lncluding atock in utilities wlth ditch or imgetlon nqhis); end all other rights, rovaltles, and protits relating to the real p ruperty, mduding
<br />withaut Iimitatlon all minerals, 01, 9as, geothermel and simllar matters, (the "Real Property") located in HALL County, State of
<br />Nebraska:
<br />LOT THREE (3) IN BLOCK SEVEN (7), KOEHLER PLACE, IN THE CITY OF GRAND ISI.AND, WALL
<br />COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 314 SOUTH VINE STREET, GRAND ISLAND, NE
<br />68801. The Real Properly tax identification number Is 400055868.
<br />CROSS•COLLATERALIZATION. In addidon to the Note, �Is Desd of Trust secures all obligetions, debls and �iabilitles, plus mterest thereon, of
<br />Trustor to Lsnder, or anV one or mae of them, as well as all clewns by I.snder against Trustor or any one or m�ra ot them, whether now existfnA
<br />or hereatter adsing, whether related or unrelated to tl�e purpose ot the Note, whether voluMary or othenvlse, whether due or not due, direct or
<br />indirect, determined or undetermined, abeolute or corNingent, Iiquldated or unliquldated, whether Trustor may be 1ia61e individually or iomtly wlth
<br />others, whefher oWigated as guerar�tor, surety, accomnadatlon party a othervvise, and whether recovary upon such amounts may be or hereaflet
<br />maY become barred by enY statute of Iimitetions, end whether the obligatlon to repay such amounts mev be or hereafter may become otherw�se
<br />unentorceable.
<br />FUTURE ADVANCE3. In addftion to the Note, riils Deed of Trust secures flll future advances mede by Lender to Trustor whether or not the
<br />advances are made pursuant to a comm'rtmeM. Specitically, wilhout Itmttatbn, this Deed of Trust secures, �n etldition to Uie emounts speclfied In
<br />the Note, all (uture amounts Lender m its discretion may loen to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known ea Benef�iazy m this Deed of Trust) all of Trustor's rigM, title, and interest in and to all present
<br />and tuture leases of the Property aM all Rents trom the Property. In addltion, Trustor grants to Lender a Un'rform Commercial Code securiry
<br />interest in the Personal Property and Renis.
<br />THIS DEED OF TRU3T, INCLUDINO THE ASSIGNMENT OF RENTS ANP THE SECURfTY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS CiIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, 7HE RELATELI DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND AGCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYM@NT AND PERFORMANCE, Except as othenvise provided in this Deed of Trust, Trustor shall pav to (.ender all amounts seCUred by this
<br />Dead of Trust as thev become due, and shall strictly and In a timely manner perrorm all of Trustors oblipations under the Note, thls Deed of Trust,
<br />and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PAOpERTY. Trustor eprees that Trustors possession end use ot the PropertV shall be govemed
<br />bv Ihe tolbwing provisiona:
<br />Possession and Use. Until the ocourrence oi an Event o( Detault, Tmstor may (11 remam �n possession and coMrd of 7ie Property; (21
<br />use, operate or menage the Property; and (3) cdlect the ReMS irom the Property.
<br />Duty to Mainta�n. Trustor shall mp�nialn tlie Properlv in tenantaWe condition and promptiv perrorm ell repairs, replacements, and
<br />maintenence necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and werrants to Lender that: (1) During the perad of Truscor's ownership a
<br />the Property, there has been no use, generati0n, mflnutaclure, storage, treatment, disposal, release or threatened release of any Hazardous
<br />Substance W any pereon on, under, about or irom lhe Property; (2) Trustor has no krawledge at, or reason ro believe that there has been,
<br />except as prevausly disclosed to end acknowledged 6y Lender m wrtting, (al any breach or vidation ot any Environmentel laws, (b) any
<br />use, generation, manutacture, storaqe, UeatmenR disposal, release or threatened release ot eny Hazardous Substance on, under, about or
<br />irom the Properly bv anv prwr owners or oc:cupents of the Property, or !cj anV ao�uel or threatened litigation a clalms ot any kind bV eny
<br />person relanng to such metters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, la) neither Trustor nor
<br />any tenant, conuactor, agent or other euthorized user of the ProperN shell use, generate, manutacture, store, veat, dlapose ot or relaese arn
<br />Hazardous Substance on, under at�out a trom the Property; and (b) any such acdviN shall be conductetl In canpliance with all appliceble
<br />tederal, state, and local laws, repulations and ordinances, including without IimitaUOn all Environmental Laws. Trustor authorizes Lender and
<br />ns agents M eMer upon the property to meke such mspections and teats, at Truetor's expense, as Lender mav deem apprapnate to
<br />determine compliance ot the Property with thia secUon of the Deed of Trust. My Inspectlons or tests made by Lender shall be tor Lendefs
<br />purposes oniV and shall not be construed W create anY responslbility or liability on the pert ot Lender to Trustor or ro any other person. The
<br />represenfetlons and warranties contalned herem are besed an T'rustors due dtligence In Investlgadng the PropertV tor Hazardous
<br />Substanoes. Trustor harabV (1) releases and we�ves eny tuture claims aga�nst Lender ror mdemniry or conhtbutlon m tt�e event Trustor
<br />becomes liable tor cteanup or other costs under anY such laws; and {2) egress to indemnity, detend, and Yald harmless Lender agamst any
<br />end all claims, losses, liebil'rtfes, damages, penalties, and expenses which lender may dlrectiy or indirectly sustein or suffer resuttinp hom a
<br />breach of this section of the Deed of Trust w as a consequence ot anv use, generetion, manutacture, storege, disposal, release or thrsetened
<br />release occurring prwr to Trustors ownership or �nterest in the Property, whether or rrot the same was or should have been known to Trustor.
<br />The provisions ot this sectan W the Deed W Trust, including the obligatbn to mdemnHy end detend, shall survrve the paVrnent ot ttie
<br />Indebtedness and the saUStaction and reco�veYance of the lien of ihis Deed of Trust arxi shall not be aflected by LendeYS acqu�sitlon rn any
<br />IMerest in the Property, whether by toreclosure a otherw�se.
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