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__ <br />.�� <br />� <br />� <br />N � <br />B � <br />� .o� <br />e <br />y �� <br />0 <br />� � <br />- <br />— <br />�� <br />� <br />:,,..�.�:. <br />� �` <br />�, <br />�:'; <br />.� <br />,��, <br />� <br />� <br />� <br />�('1� <br />� <br />� � <br />3�� <br />�� <br />�� <br />•� <br />�� <br />�' <br />D� <br />r - <br />� °- <br />O <br />� <br />m <br />� <br />N <br />-., <br />rn <br />� <br />o (� <br />� � <br />v � <br />rn <br />m <br />v <br />� <br />� <br />� <br />�-. <br />.—+. <br />CJ� <br />rn <br />- <br />N <br />w <br />� <br />3 <br />[V <br />� <br />CJ'a <br />c� en <br />� � <br />C � <br />z rn <br />--e <br />-< o <br />O � <br />-*� z <br />= rn <br />�. c37 <br />r � <br />r� <br />N <br />� <br />D <br />� <br />G� <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />P.O. Box 760 <br />#14 LaBarre <br />Gibbon. NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 572,000.00. <br />0 <br />N <br />O <br />F�-' <br />t <br />O <br />� <br />Q <br />� <br />,.� <br />THIS DEED OF TRUST is dated September 23, 2011, among James H Sloggett , A Single <br />Person ("Trustor"); Exchange Bank, whose address ls P.O. Box 760, #14 LaBarre, Gibbon, NE ��v <br />68840 (referred to b�low sometimes as "Lender" and sometimes as "Beneficiary"); and /�� <br />Exchange Bank, whose address is 939 S Locust , Grand Island , NE 68801 (referred to below � <br />as "Trustee"}. <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the beneftt 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, weter 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 all minerals, oil; gas, geothermal and similar matters, (the "Reai Propel'ty") IoCated in Hall County, <br />State of Nebraska: <br />Lot Twenty (20), Block Five (5), in Bel Air Addition to the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 2432 Dei Mar Ave, Grand Island , NE <br />68803. The Real Property tax identification number is 40.0016222. <br />Trustor presently assigns to Lender (aiso known as Beneficiary in this Deed of Trust) aIl 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 ASSIGNMEIdT 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 MAINTEIIIANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession arrd Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, aperate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treaYment, disposal, release or threatened release of any Hazardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating Yo such matters; and (3) Except as previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />authorized user of the Property shall use, generete, manufacture, store, treat, dispose of or release any Hazardous <br />Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with <br />all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br />Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the <br />Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's <br />purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br />to any other person. The representations and warranties contained herain are based on Trustor's due diligence in <br />investigating the Property for Hazardous Substances. Trustor hereby (1) releases and waives any future claims <br />against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under <br />eny such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, <br />liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from <br />