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� • � c� . <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, <br />