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<br />�01106022
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated August 12, 2011, among Larry D Opp aka Larry Opp and Mary
<br />K Opp, whose address is 84625 70th Rd, Alda, NE 68810; husband and wife ("Trustor"); First
<br />Dakota National Bank, whose address is First Dakota-Yankton Downtown, 225 Cedar Street,
<br />PO Box 156, Yankton, SD 57078 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and First Dakota Natianal Bank, whose address is 225 Cedar St PO Box 156,
<br />Yankton, SD 57078 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideratYon, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation aIl minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County,
<br />State of Nebraska:
<br />The West Half of the Northeast Quarter (W'/z NE'/a) of Section Thirteen (13), Township Ten
<br />(10) North, Range Eleven (11) West, except that part thereof lying north of the Wood River
<br />channel as more particularly described in a resolution and deed to Hall County, Nebraska in
<br />Book 116 at page 293 and 294, together with an easement for ingress and egress running
<br />east and west over and across the center 16 feet of said Section 13, as contained in the
<br />Agreement Establishing Road recorded April 5, 1913 in Miscellaneous Book M, Page 590
<br />in the records of Hall County, Nebraska.
<br />A tract of land comprising the Northerly Twelve and one-tenth feet (12.10) of the South
<br />Half of the North Half of the Southeast Quarter (S%ZN'/zSE%4), the North Half of the North
<br />Half of the Southeast Quarter (N'/zN'/�SE%a), and the South Half of the Northeast Quarter
<br />(S'/zNE'/ai of Section Thirty (30), Township Ten (10) North, Range Ten (10) West of the 6th
<br />P.M., Hall County, Nebraska, excepting therefrom a tract of land more particularly described
<br />as: Beginning at the Southeast corner of said Northeast auarter; thence Northerly along the
<br />East line of said Section Thirty (30), a distance of Two Hundred Fifty Two (252) feet;
<br />thence deflecting left 90 degrees and running Westerly a distance of One Hundred
<br />forty-three (143) feet; thence deflecting left 90 degrees and running Southerly a distance of
<br />Two Hundred fifty-two (252) feet; thence deflecting left 90 degrees and running easterly a
<br />distance of One Hundred forty-three (143) feet to the place of beginning. ,
<br />The Real Property or its address is commonly known as RR, Hall County, NE.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS
<br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Properry shall be governed by the following provisions: •
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
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