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<br />WHEN RECORDED MAII. TO:
<br />Exchange Bank
<br />P.Q. Bax 760
<br />#14 laBarre
<br />Gibban, WE 68840 FQR RECORDER'S USE aNLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is da#erd October 11, 2011, among Encinger Enterprises, LLC, A
<br />Nebraska Lim'rted Liability Campeny {°Trustor°); Exchange Bantc, whose address is P.O. Box
<br />760, #94 LaBarre, Gibbon, NE 68840 treferred to below sometimes as "Lender° and
<br />sometimes as "Beneficiary°}; and Exchange Bank, whose address is P.Q. Bax 5793, Grand
<br />Island, NE 6$802 (referred ta below as "Trustee°).
<br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trusL WITH POWER OF SALE,
<br />far the 6enefit of Le►uler � Beneficiary, all of Trustar's righL tiUe, and interest in and to the following described real
<br />properry, together with aii existing or subsequentEy erected or affixed buildings, improvemern:s and fixtures; afl
<br />easements, rights of way, and appurtenances; atl water, water rights and ditch rights fncluding stock in utilities with
<br />ditch or irrigation rights); and alE atFier rights, royalties, and prafits relating to the real property, inctuding without
<br />fimitation all minerals, oit, gas, geothermal and simifar matters, (the °Real Property"} located i11 Hall COUnty,
<br />State of Nebraska:
<br />Lat One Hundred 7hirty Five (135j, in 8uenavista Subdivision, an Addition to the City of
<br />Grand lsland, Hall County, Nebraska.
<br />The Reai Property or its address is cammonly known as 423 E Hali, Grand Island, NE 6$801.
<br />The Real Praperty tax identi�ication nnmber is #4Q0028123.
<br />CROSS-CQLIA`I'GERAUZATIOM. 1n additian to the Note, this Reed of 7rust secures all obligatians, debis and liabilities,
<br />plus interest thereon, of Trustor to Lende�, or any one or more of them, as well as ati ctaims by L.ender against Trustor
<br />or any ane or more of them, whother now existing or hereaftor arising, whether related or unrelated ta the purpase of
<br />the Nafe", whether vo[untary or otherwise, whether duo or not due, direct or Indfract, determined or undetarmined,
<br />absolute ar contingent, liquidated or unliquidated, whethe� Trustar may be fiable individually or jointly with others,
<br />whether obligated as guarantor, surety, accommodailon party or othervvise, and whether recovery upon such amouMs
<br />may be or he�eafter may become barred by any siatute of limitations, and whether ihe obEigation to repay such amounts
<br />may be or hereafte� may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition ta the Nota, this Deed of 7n►st secures all tuture advances made by t,ender to 7rustar
<br />whether or not the advances are made pursuant to a commitmont. Specificelly, without limitation, this Deed of 7rust
<br />seaures, in addition to the amounts specified in the M1tate, all future amounts l.ender irs its discretion may ioan to
<br />Trustar,together with allinterest theraon.
<br />Trustor presently assigns to Lender talso knawn as Bene�ciary in this Deed af Trusd all of Trustor's right, titfe, and
<br />interest in and to all preseni and future Isases of the Praperty and all Rents fram the P�operty. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security ir�terest in the Personal Property and Rents.
<br />THIS QF.Bb pP 7RUST, INClUD1NG 7HE ASSI�NMEN7 OF RENTS AI11D THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY. IS GIVEIU 70 SECURE IA} pAYMENT OF THE [NDEBTEDNESS APID (B) PERFdRMAl1[CS OF
<br />ANY ARIp ALL OBUC'�ATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND TH[S DEED OF TRUST. THIS
<br />DEED OF TRUST IS CaIV�I AWD ACCEPTEQ 4N 7HE FOLLQWING TERMS:
<br />PAYMENT AP1D PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Qeed of Trust as they beeome due, and shall strictty and in a timely manner perform atl of
<br />Trustor`s obligations under the Note, this Oesd of Trust, and the Related Doauments.
<br />POSSESSION AND MAIM7ENAWCE OF 7HE PROP�R7Y. Trustor agrees that Trustor's possession and use of the
<br />Property shap be govemed by the following provisions:
<br />Possession and Use, Untit the occurrence of an Event af Default, Trustor may (1? remain in possession and
<br />conuoi of Lhe Property; {2} use, operate or manage #he Property; and {3) collect ihe Rents ftom the Property.
<br />Dr�ty to Maintain. Trustor shall maintain the Property in tenantable candiuon and promptly perfarm all repairs,
<br />replacements, and maintenance necessary to preserve its vaiue.
<br />Compl'iance With Environmerrtal Laws. Trustor represents and warrants ta Lender that: (71 During the period of
<br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal,
<br />retease or threatened release of any Eiazarddus Substance by any person on, under, about or from the Praperty;
<br />{2} Trustor has no &nowledge of, or reason ta believe that there has been, except as previously disclosed to and
<br />acknowledged by Lender in writing, (a} any Hreach or violation of any Environmental Laws, ib} any use,
<br />generation, manufacture, starage, ueatrnerrt, disposal, release or threatened release af any Hazardous Substance
<br />on, under, about or fram the Property by any prior owners or occupants of the Praperty, or tc) any actual ar
<br />threatened litigation or cleims af any kind by any person relatirtg to such matters; and t3} Except as previously
<br />disclosed to and aaknowledged @y Lender in writing, (a) neither Trustor nor any tenant, aontTactor, agent or other
<br />audiarized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous
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