�
<br />�
<br />N �
<br />e �
<br />� �
<br />0
<br />�
<br />� 'w �
<br />V I -
<br />-
<br />�
<br />�
<br />�`
<br />i�
<br />�
<br />` i a .
<br />�� � I
<br />�,
<br />�� �:� ��
<br />_,
<br />�� 9 I
<br />i
<br />,
<br />I� k �
<br />�� �� �
<br />� �
<br />a
<br />(�`3- «-�.+,
<br />� �� , O
<br />�1 r � �
<br />� o �;._ cv
<br />�, o0
<br />m
<br />�
<br />� �
<br />� � �
<br />s �
<br />� o (�`-� c�
<br />� � t—�a
<br />N �
<br />, �
<br />c� cn �
<br />O —�
<br />c �
<br />z rn
<br />--i
<br />�-G p
<br />��
<br />Tz
<br />Y �
<br />�
<br />� N
<br />�'" D
<br />cr�
<br />�
<br />D
<br />f1�
<br />�
<br />��
<br />t�
<br />�
<br />N
<br />�
<br />C�
<br />�
<br />t-�
<br />F-�'
<br />�
<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 />THIS DEED OF TRUST is dated October 28, 2011, among Trent R Huff and Penni L Huff,
<br />Husband and Wife as Joint Tenants ("Trustor"1; 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 Bank, 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 irrigation rights); and all other rights, royalties, and profits relating to the real prope �ncluding without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real PI'opel°L'y IOCete in Hall County
<br />State of Nebraska:
<br />Lot Twelve (12), Block Eight (8), Scarff's Addition to West Lawn, in the City of Grand
<br />Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2007 N Lafayette Avenue, Grand
<br />Island, NE 68803.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />' plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of
<br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined,
<br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others,
<br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts
<br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts
<br />may be 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
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, 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 IA) 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 shail 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 Maintain. Trustor shall maintain the Property in tenantabie 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, treatment, 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 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 />� I L Y
<br />- �I
<br />I �
<br />�
<br />�
<br />
|