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<br />WHEN RECORDED MAIL TO: ° ' (� �
<br />Exchange Bank �
<br />P.O. Box 760 � 3� .
<br />#14 LaBerre � '
<br />Gibbon NE 68840 �_ FOR RECORDER'S USE ONLY
<br />�', ;
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<br />DEED OF TRUST .:
<br />THIS DEED OF TRUST is dated May 6, 2011, among Brian L Hanser� and Jennifer R Hansen, Husband and �fe
<br />a� Joint Tenants ("Trustor"h Exchange Bank, whose address is:;P.O. Box 760, #14 LaBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as �"Beneficiary"); and Exchange Bank, whose
<br />address is P.O. Box 579$, Grand Island, NE 68802 (referred to b�low as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH P01fYER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the follawhng described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fi�ctures; all easementa rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; anal all other rights, royalties, and profits relating to the real
<br />property, including without limitation ell minerals, oil, gas, geothermal and simil8r matters, (the ° R�el PI'Op@1'ty IOCeted in H�II
<br />County, State of Nebraska:,
<br />All of Lot Siu (6) and the North Five (5! feet of Lot Seven (7),� in Block Sixteen (16) in West View Addition
<br />to the City of Grand Isl�nd, H�II County, Nebraska, and the Sputh Thirty-three (33) feet of vacated Seventh
<br />(7th) Street lying North of and adj�cent to the Northerly Bound�ry line of Lot Six (6), in Block Sixteen (161,
<br />in West View Addition, said Street being v�cated by Ordinan�e No. 4947, the same being recorded in the
<br />off"ice of the Register of Deeds in Book 21, Page 298. `'`
<br />The Re�l Property or its address is commonly known as 637 N HooN�rd Avenue, Grand Island, NE 68803.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation,�thifi Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustci�, #ogether with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of T�ust) 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 addigion, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and ReMs. `
<br />THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE �ECURITY 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 />UNDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TF11S DEED 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 amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manneP� perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Yrustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or managQ the Property; and (3) collect the Rents from the P,rqperty.
<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. o:
<br />Compliance With Environmerrtal Laws. Trustor represents and warrants to LendSr that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, tretltment, 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 any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, tregYment, 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) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, coiltractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardqus 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 Leiider shall be for Lender's purposes only and shgll not be
<br />construed to create any responsibility or liability on the part of Lender to Trusfor or to any other person. The representations and
<br />warranties conteined herein are based on Trustor's due diligence in investiy'ating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemno-� or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify; o�efend, and hold harmless Lender against any and all
<br />claims, losses, 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, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the �roperty, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the satisfaction and reconvey�nce of the lien of this Deed of Trust and shall not be
<br />affected by LendePs acquisition of any interest in the Property, whether by for�closure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor: commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generali�.jr of the foregoing, Trustor will not remove, or grant to
<br />any other party the right to remove, any timber, minerels (including oil anti � gas), coal, c1ay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
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