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<br />WHEN RECORDED MAIL TO:
<br />Exchenge Bank
<br />P.O. Box 7B0 �( SD
<br />#14 La�±rre
<br />Gibbon. NE �8840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST a s��i�le person
<br />THIS DEED OF TRUST is dated November 1, 2010, among FRANKLIN R HOCHSTETLER, A/K/A FRANKLIN
<br />ROY HOCHSTETLER ("Trustor"); Exchange Benk, whose address is P.O. Box 760, #14 LeBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and EXCHANGE BANK,
<br />whose address is 1204 ALLEN DR / PO BOX 5793, GRAND ISLAND, NE 68802 (referred to below as
<br />"Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WRH POWER OF SALE, for the benefit of
<br />Lender as Beneflciary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; alI water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights�; and all other rights, royalties, and profits relatin to the real
<br />property including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locate� in HALL
<br />County, State of Nebraska:
<br />THE NORTH TWENTY-TWO (22) FEET OF LOT TEN (10), ALL OF LOT ELEVEN (11) AND THE SOUTHERLY
<br />NINE (9) FEET OF LOT TWELVE (12), ALL IN BLOCK TWO (2), FIFTH ADDITION TO THE VILLAGE OF
<br />CAIRO, HALL COUNTY, NEBRASKA.
<br />The Re�l Property or its address is commonly known as 611 S ALEXANDRIA, CAJpRO, NE 68824-9737. The
<br />Real Property tax identification number is 400171201.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, ofi Trustor to Lender, or any one or rr�ore of them, as weR as all cfaims by Lender egainst � rustor ar any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may ba or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to 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 interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />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 PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trusto� shall pay to Lender all amounts secured by
<br />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
<br />Deed of Trust, and the Related Documents. �
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession end control of the Property;
<br />(2) use, operate or manege the Property; and (3) collect the Rents from the Property.
<br />Duty Yo Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform aIl repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and waivariy to Lender that: (1; During the period of Tr�astoPs ownership
<br />of the Property, "there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance 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 disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the.Property
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />*DEED OF TRUST RE-�TLED TO ADD MARITAL STATiJS
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