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� <br />r � � 5 . �� y r <br />r", t ° i <br />2 01108468 <br />WHEN RECORDED MAI� TO: <br />First Dakota National Bank <br />First Dakota-Yankton Downtown <br />225 Cedar Street <br />PO Box 156 <br />_ Yankton, SD 57078 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />TH1S DEED OF 7RUST is dated November 1, 2011, among Chad A Otto and Ramona S Otto, <br />husband and wife as joint tenants with right of survivorship, whose address is 8362 W 1-R Rd, <br />Cairo, NE 68824; ("Trustor"); First Dakota National Bank, whose address is First <br />Dakota-Yankton Downtown, 225 Cedar Street, PO Box 156, Yankton, SD 57078 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary"); and Firs# Dakota National Bank, <br />whose address is 225 Cedar St, Yankton, SD 57078 ireferred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuabfe consideration, Trustor conveys to Trustee in trust, WlTH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in antl 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 property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Sherman and <br />Hall County, State of Nebraska: <br />The Southwest Quarter of the Northeast Quarter (SW1/4NE1/4); The South Half of the <br />Northwest Quarter (S1/2NW1/41; The Southwest Quarter (SW1/4) and the Northwest <br />Quarter of the Southeast Quarter (NW1/4SE1/4), all in Secfion Fourteen (14), Township <br />Fourteen (14� North, Range Fourteen (14) West of the 6th P.M., Sherman County, Nebraska <br />EXCEPT a tract of tand conveyed to Austin Cemetery Association more particularly <br />described in Warranty Deed recorded in Book 7, Page 96; EXCEPT a tract of land conveyed <br />to The State of Nebraska more particularly described in Warranty Deed recorded in Book 55, <br />Page 201 and EXCEPT a tract of land conveyed to The State of Nebraska more particularly <br />described in Warranty Deed recorded in Book 57, Page 277; <br />The Southeast Quarter (SE1/4) and the South Half of the Northeast Quarter (S1/2NE1/4) <br />and Lots Three (3) and Four (4), in Section Fifteen (15), Township Fourteen (14) North, <br />Range Fourteen (14), West of the 6th P.M„ Sherman County, Nebraska; <br />The Southeast Quarter of the Southeast Quarter (SE1/4SE1/4) and the East Half of the <br />Southwest Quarter of the Southeast Quarter (E1/2SW1/4SE1/4) of Section Thirteen (13), <br />Township Twelve (12) North, Range Eleven (11) West of the 6th P.M., Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as RR Sherman and Hall Counties, NE. <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. !n addition, Trustor <br />grarts to Lencfer 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 TME 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 GfVEN AND ACCEPi'ED ON THE FOLLOWING TERMS: <br />PAYMEi1fT 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 />