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<br />DEED OF TRUST; ''� 3S ' s�
<br />DEED OF TRUST is dated May 26, 2011, among Trent R�u�f and Penni L Huff, Husband and Wife as
<br />Tenants (°Trustor"); Facchange Bank, whose address is P.�. �ox 760, #14 LaBarre, Gibbon, NE 68840
<br />�ed to below sometimes as "Lender" and sometimes as �"�eneficiery"); and Exchange Bank, whose
<br />ss is P.O. Box 5793, Grand Island, NE 68802 Ueferred to b�elow as "Trustee").
<br />:YANCE AND GRANT. For valuable consideration, Trustor conveys to Truste� in trust, WITH POWER OF SALE, for the benefit of
<br />as Beneficiary, all of Trustor's right, title, and interest in and to the followr,ing described real property, together with all existing or
<br />uently erected or affixed buildings, improvements and fixtures; all easements�, rights of way, and appurtenances; all water, water
<br />md ditch rights (including stock in utilities with ditch or irrigation rightsl; end all other rights, royalties, and profits relating to the real
<br />y, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "ReHI Propet'Ly") lOCated in Hall
<br />�y, State of Nebrask�: ` �
<br />h .
<br />�t One (1), Block Three (3), in Meves First Addition to the C'r'ty of Grand Island, Hall County, Nebraska
<br />,eal Praperty or its address is commonly known as 667 E Ashton, Grand Island, NE 68801.
<br />-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />�, of Trustor to Lender, or any one or more of them, as well as all claims,�by- Lender against Trustor or any one or more of them,
<br />ir now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />�r due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />� liable individually or jointly with others, whether obligated as guarantor, su��ty, accommodation party or otherwise, end whether
<br />y upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />nounts may be or hereafter may become otherwise unenforceable.
<br />E ADVANCES. In addition to the Note, this Deed of Trust secures all futur� ad,vances made by Lender to Trustor whether or not the
<br />es are made pursuant to a commitment. Specifically, without limitation, thi�s Deed of Trust secures, in addition to the amounts
<br />jd in the Note, all future amounts Lender in its discretion may loan to Trustpr; ,fogether with all interest thereon.
<br />presently assigns to Lender (also known as Beneficiary in this Deed of Tvus�) alI of TrustoYs right, title, and interest in and to all
<br />t and future leases of the Property and all Rents from the Property. In ac�dition, Trustor grants to Lender a Uniform Commercial
<br />ecurity interest in the Personal Property and Rents. �� w
<br />fEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE $EG�URITY INTEREST IN THE RENTS AND PERSONAL
<br />RTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND; (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />I THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS'DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />WING TERMS: °
<br />4
<br />:NT AND PERFORMANCE. Except as otherwise provided in this Deed of T�us�, Trustor shall pay to Lender all amounts secured by
<br />ed of Trust as they become due, and shall strictly and in a timely manner pe�form all of Trustor's obligations under the Note, this
<br />f Trust, and the Related Documents. �;'�
<br />SSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Tru�tor's possession and use of the Property shall be
<br />ed by the following provisions: '
<br />�
<br />�ssession and Use. Until the occurrence of an Event of Default, Trustor may d1) remain in possession and control of the Property;
<br />1 use, operate or manage the Property; and (3) collect the Rents from the:;Prqperty.
<br />rty to Mairrtain. Trustor shall maintain the Property in tenantable condition `�and promptly perform all repairs, replacements, and
<br />aintenance necessary to preserve its value.
<br />�mpliance With Environmerrtal Laws. Trustor represents and warrants to Lpnder that: (7) During the period of Trustor's ownership
<br />the Property, there has been no use, generation, manufacture, storage, tr'ea�ment, disposal, release or threatened release of any
<br />�zardous Substance by any person on, under, about or from the Property;; (21 Trustor has no knowledge of, or reason to believe
<br />et there has been, except as previously disclosed to and acknowledged t�y L'ender in writing, (a) any breach or violation of any
<br />ivironmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />�zardous Substance on, under, about or from the Property by any prior ow`ners or occupants of the Property, or (c) any actual or
<br />reatened litigation or claims of any kind by any person relating to such rr�at�ers; and (3) E�ccept as previously disclosed to and
<br />knowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />�all use, generate, manufacture, store, treat, dispose of or release any Haz�rdous Substance on, under, about or from the Property;
<br />id (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />dinances, including without limitation all Environmental Laws. Trustor autklori�es Lender and its agents to enter upon the Property
<br />make such inspections and tests, at Trustor`s expense, as Lender may deem appropriate to determine compliance of the Property
<br />ith this section of the Deed of Trust. Any inspections or tests made by Le,nder shall be for Lender's purposes only and shall not be
<br />�nstrued to create any responsibility or liability on the part of Lender to T�ru�Bor or to any other person. The representations and
<br />arranties contained herein are based on Trustor's due diligence in investigattng the Property for Hazardous Substances. Trustor
<br />�reby (1) releases and waives any future claims against Lender for indemniYy or contribution in the event Trustor becomes liable for
<br />3anup or other costs under any such laws; and (2) agrees to indemniiy; defend, and hold harmless Lender against any and all
<br />�ims, losses, liabilities, damages, penalties, and expenses which Lender m�q directly or indirectly sustain or suffer resulting from a
<br />each of this section of the Deed of Trust or as a consequence of any us�, �eneration, manufacture, storage, disposal, release or
<br />reatened release occurring prior to Trustor's ownership or interest in the `Praperty, whether or not the same was or should have
<br />:en known to Trustor. The provisions of this section of the Deed of Trus�, iracluding the obligation to indemnify and defend, shall
<br />�rvive the payment of the Indebtedness and the satisfaction and reconveyJance of the lien of this Deed of Trust and shall not be
<br />fected by Lender's acquisition of any interest in the Property, whether by fweclosure or otherwise.
<br />iisance, Waste. Trustor shall not cause, conduct or permit any nuisance nmr ,commit, permit, or suffer any stripping of or waste on
<br />to the Property or any portion of the Property. Without limiting the gener�lity, of the foregoing, Trustor will not remove, or grant to
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