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� <br />� <br />N � <br />B � <br />� <br />� � <br />� � <br />0 <br />� <br />� <br />� � <br />� <br />- <br />� <br />� <br />� ' , ,.. <br />� <br />� � <br />��� <br />�� <br />��➢ � <br />� � <br />� <br />a <br />� <br />e� - <br />.o <br />�„~,�, p _;� ' ° ,O' <br />r p � � •� <br />� � � � � <br />C'> i" � "L p � <br />o p -� i--� <br />rn __ � � � � � <br />G7 S �'1 <br />�� <br />� �5.. OD O .,�sr <br />e��'1 3 � � �-�.7 �,� <br />� r� <br />o �--�, � � cn <br />o r�� � _" ►-� <br />� � �, w . �., <br />f-�+ �is cr9 <br />c � <br />C� <br />WHEIV RECORDED MAIL TO: <br />Exchange Bank <br />P.O. Box 760 <br />#14 LaBarre ,--� <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY �% J� � <br />'�16� <br />� <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 7, 2011, �mong Daniel C Lenon and Teddi R Wilson, <br />Husband and Wife as Joint Tenants ("Trustor"); Exchange Bank, whose address is P.O. Box <br />760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Exchange Benk, whose address is P.O. Box 5793, Grand <br />Island, NE 68802 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, 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 irrigetion rightsl; and all other rights, royalties, and profits relating to the real prope including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the " Real Property IOCete in Hall County <br />State of Nebraska: <br />Lot Fourteen (14), in Block One (11, Knickrehm Fifth Addition to the City of Grand Island, <br />Hall County, Nebraska. <br />The Real Property or its address is commonly known as 103 W 23rd Street, Grand Island, NE <br />68801. The Real Property ta�c identification number is #400053497. <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 />sQCUres,_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 />Property 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 Mairrtain. Trustor shall maintain the Property in good condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Complience IMith Environmental Lews. 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 Haaardous 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, treatment, disposal, release or threatened release of eny 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 to 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, generate, 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 federel, state, and local laws, regulations and ordinances, including without limitation ell <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 ba for Lender's <br />purposes only end 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 conteined hereln 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 />� v <br />� <br />