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�� � N � e � � �� 3 � 0 � W � � = � �� � �� r� . � � ., . �' u / i � ; i � � () � � a � � � r � Q � � ;— ` '. c� � �, . o �,, ' � �.�.� rn � � � � 3 `�.;� rn � �` ° � '_� W � � S � t � - 47 � � O --1 C D z rn � � o O T1 � Z x rn nm r � r n � �� cn cn C�> N 0 F � � F--� � o � Ca C c� � Cw� � � —P� C� WHEN RECORDED MAIL TO: Exchenge Bank P.O. Box 760 #74 LaBarre q Gibbon, NE 68840 FOR RECORDER'S USE ONLY �.��.� � � DEED OF TRUST THIS DEED OF TRUST is dated February 26, 2010, among Lloyd B. Gunderson, Gary R. Jacobson and Carol J. Gunderson, not personally but as Trustees on behalf of The Jocar Living Trust ("Trustor"); Exchange Bank, whose address Is P.O. Box 760, #74 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes es "Beneficiary"); and Exchange Bank-Grand Island Branch, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideratton, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the� benefrt of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utiflties with ditch or irrigation rights); and all other rights, royalties, and proftts relating to the real prope including without limitation all minerals, oil, gas, geothermal and similar matters, (th� ° Real Property IOCat� in Hall County State of Nebraska: See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts end liabilities, plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor or eny one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, eccommodation party or otherwise, and whether recovery upon such emounts 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 Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without Iimitation, this Deed of Trust secures, in addition to the amounts specifled in the Note, ell future amounts Lender in its diacretion may loan to Borrower or Trustor, together with ell interest thereon. 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 present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender e Uniform Commerciel Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT 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 FOLLOWIN� TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, �ight, and authority to enter tnto this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result In a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl. TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any °one action° or °anti-deficiency° law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deflciency, before or after Lender's commencement or completion of eny foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as othennrise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borcower and Trustor shall strictly perform all their respectfve obUgations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of the Property shall be governed by the following provislons: Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession end control of the Property; (2) use, operate or manage the Property; end (3) collect the Rents from the Property.