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<br />WHEN RECORDED MAIL TO:
<br />HASTINGS STATE BANK
<br />MAIN BRANCH
<br />530 N BURLINGTON
<br />PO BOX 2178
<br />HASTINGS, NE 68902 __ FOR_RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />�� ��
<br />THIS DEED OF TRUST is dated April 15, 2011, among JONATHAN M SMITH and MELANIE A SMITH;
<br />Husband and �fe ("Trustor"); HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N
<br />BURLINGTON. PO BOX 2178, HASTINGS, NE 68902 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiery"); and HASTINGS STATE BANK, whose address is 530 N. BURLINGTON,
<br />HASTINGS, NE 68901 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneflciary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilitiea with ditch or irrigation rightsl; and all other rights, royaltiea, and profits relatin to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property IOCete in HALL
<br />County, Stete of Nebraska:
<br />LOT THREE (3), BLOCK FOUR (4), IN WINDOLPH'S ADDITION TO THE CITY OF GRAND ISLAND, HALL
<br />COUNTY,NEBRASKA
<br />The Real Property or its address is commonly known as 1215 W LOUISE, GRAND ISLAND, NE 68801.
<br />Trustor presently assigns to Lender falso known as Beneficiary in this Deed of Trust) ali of Trustor's right, title, end interest in and to ell
<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 Personal Property and Rents.
<br />THIS DEED OF TRUST, iNCLUDING THE ASSIGNMPeN'P OF RENTS AND THE SECURITY INTEREST !M THE RENTS IlMD PERSQRlAL
<br />PROPERTY, IS GIVEN TO SECURE (A1 PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS 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 es they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Releted Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor'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 manage the Property; end i3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintein the Property in tenantable conditfon and promptly perform ail repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Complience With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there hes been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hezardous Substance by any person on, under, about or from the Property; (2) Trustor hes 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, treatment, disposal, release or threatened release of any
<br />Hazerdous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any ectual or
<br />threatened litigation or cleims of any kind by any parson 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, egent 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 compiiance with all applicable federal, state, and locel 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 auch inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compiiance of the Property
<br />with this section of the Daed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to creata 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 tha Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims egafnst Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cieanup 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 which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this saction of the Deed ot Trust or as a consequence of any usa, 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 Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness end the satisfaction and reconveyance of the lien of this Deed of Trust end shall not be
<br />effected by Lendar's acquisition of any interest in the Property, whether by foreciosure or otherwise.
<br />Nufsance, 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 generality of the foregoing, Trustor will not remove, or grent to
<br />any other party the right to remove, any timber, minerels (including oil and gasl, coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent. '
<br />Removal of Improvements. Trustor shall not demolish or remove any Improvements from the Real Property without Lender's prior
<br />written consent. As a condition to the removal of any Improvements, Lender may require Trustor to make arrangements satisfaetory
<br />to Lender to replace such Improvements with Improvements of at least equal value.
<br />Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property et all reasonable timea to
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