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��. �� �— �� 0 �� � � �� � � 0 CJ� �� '� �� � � �� �� - �� �� _' . , , 70 � � � �� � � _ � � � � ^ V � a �"� � � ,) C_._ � �, c ,� _.... r- � ;. . � �---- pN-) rn '� c, u' �'_ ' �? - r�� � a i'_ , ,� CD 1 i°: , l7 � '- I" �J') � '+9 � O � �� O -I C .�.> z m � � o O �1 1 � = rn r� m r � r n v> � D � � O �_ �. h-� _. F-a o ., CJ"1_ _ ' � ` � °� R�-� TD WHEN RECORDED MAIL TO: NEBRASKA BANK OF COMMERCE 6000 Vlllage Drive Lincoln NE 68516 FOR RECORDER'S USE ONLV DEED OF TRUST THIS DEED OF TRUST is dated July 22, 2011, among Michael T. Boehle, a single person; ("Trustor"); Nebraska Bank of Commerce, whose address is 6000 Village Drive, Suite 100, Lincoln, NE 68516 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and NEBRASKA BANK OF COMMERCE, whose address is 6000 Village Drive, Suite 100, Lincoln, NE 68516 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the beneflt of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently eracted or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, weter rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ° R881 P�Opel'ty IOCBt@d 'I� H811 County, State of Nebraska: Lot Seven (7), Block Three (3), Koehler Place, an Addition to the City of Grand Island, Hall County Nebraska The Real Property or its address is commonly known as 229 S Oak St, Grend Isiand, NE 68801. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures ell obligations, debts and liabilities, plus interest thereon, of either Trustor or Borrowe� to Lender, or any one or more of them, as well as all claims by Lender against Borrower end Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undatermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit end other liabilities or obligations of Trustor to Lender, then this Deed of Trust shell not secure additional loans or obligations unless and until such notice is given. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, ell future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest thereon. Trustor presently essigns to Lende� (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in end to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor werrants that: (a) this Deed of Trust is axecuted at Borrower's request end not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information ebout Borrower's financial condition; and (e1 Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor weives all rights or defenses erising by reason of any "one action" or "anti-deficiency" law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, aither judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of Trust, end the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2? use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall meintain the Property in good condition and promptly perform all repairs, replacements, end maintenance necessary to preserve its value. Compliance With Environmerrtal Laws. Trustor represents and warrents to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any Environmental Laws, (b) eny use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person releting to such metters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous 3ubstance on, under, about or from the Property; and Ib) eny such activiry shall be conducted in compliance with all applicable federal, stete, and local laws, reguletions and � � � r, `� _�) �' �,�L �� /