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-_ ..�� �� �� N -� � �� .�.� � � 0 � � �� � � �� � � � �� n�i � � � �1�� � 2 � ; �:; � 's : a� D r � o � � � rn t� � --� rn � o� � O � Pn � 0 � � ._.. 0 � --� F�-+ W � 3 t"tiJ E'"t? E:F"1 o -�-i C A � --� -.�- crt -�C 0 O '*7 � � xrn ?r era r � rm � 7� A �..w... � � 0 f'Y� O � F--� O -r1 C77 1 tL7 WHEN RECORDED MAIL TO: Euchange Bank P.O. Box 760 #14 LaBarre � Glbbon. NE 68840 FOR RECORDER'S USE ONLY DEED OF TRUST :rr � 4:�'. THIS DEED OF TRUST is dated October 7, 2011, among Gordon H. Pedersen and Pamela M. Pedersen, husband and wife, whose add�ress is 71 KUESTER LAKE, GRAND ISLAND, NE 68801 ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE 68840 (referred to below as "Trustee"). � CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described reai property, together with all existing or subsequenUy erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalUes, and profits relating to the real pro erty, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State of Nebraska: The North Thirty-seven and one-fourth feet (N 37 1/4') of Lot Severn (7), Courtl� House Addition to the City of Grand Island, Hall County, Nebraska. The Real Property or its address is commonly known as 209 South Pine, Grand Island, NE 68803. The Real Properly tax identification number is 400039672. CROSS-COLLATERALIZATION. In additlon to the Note, this Deed of Trust secures all obligations, debts and liabil'�ies, plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or othervvise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, whether obligated as guarantor, sureiy, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the advances are made pursuant to a commitrnent. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specfied in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. Trustor presenUy assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tiUe, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Un'rform Commercial Code security interest in the Personal Property and Renis. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURIT1f INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYRAENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be govemed by the following provisions: Possession and Use. UnUI the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; (2) use, operate or manage the Properly; and (3) collect the Rents from the Property. Duty to Maintaln. Trustor shall maintain the Property in tenantable condition and prompUy perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warranis to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatrnent, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatrnent, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Properly, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hezardous Substance on, under, about or from the