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<br />WWEN R�CORDEQ MAIL 70:
<br />HASTINGS STATE BANK
<br />MAIN BRANCH .2,C, Sd
<br />S30 N BURLINGTON 7
<br />PQ BQX 217$
<br />HASTINGS. NE 689Q2_ .,,,._ _„_.._....__.. FOR REC,ORDER'S U5E ONLY
<br />DEED OF TRUST
<br />7HIS �EED OF TRUST is dated Octaher 7, 2010, among JAN�T B BLAKE, whase address is 210 LEISURE
<br />LAKE RD, DONIPMAN, NE 68$32-9709 and GORDON J BLAKE, whose address is 2'10 LEISURE LAKE ROAD,
<br />DONIPWAN, NE 68832-9709; Wife and Husband ("Trustor"); HASTINGS STA7� BANK, whose address is
<br />MAIN BRANCH, 530 N BURLINGTON, PO BOX 217$, HASTINGS, NE 68902 (referred to betow sometimes as
<br />"l.ender" and some#imes as "Beneficiary"1; and WASTINGS STATE BANK, whose address is 530 N.
<br />BURLINGTON, HASTINGS, N� 68901 (referred to helow as "Trustee"'1.
<br />CONVEYANCE AND GRANT. For valuahie consideration, TrustoK conveys to Trustee in #rust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustvr's right, title, and interast 'in and to the following described real property, togecher with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, watsr
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights►; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th@ " Real Property IOCated in HALL.
<br />County, 5tate of Nebraska:
<br />I.OT TWO (2), AMICK ACR�S THIRD SUBDIVISION, HAI.I. COUNTY, NEBRASKA.
<br />7he Real Property or its address is cammonly known as 29Q L�ISURE LAKE RD, DONIPHAN, NE
<br />68832-9709.
<br />FUTURE AbVANCES. In addition to the Note, this beed 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 7rust 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 sssigns to Lender (also known as Beneficiary in this Deed of Trust) ali 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 Proper#y and Rents.
<br />THIS DEED Q� TRUST, INCLUD1111G THE AS5IGNM�NT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND P�RSONAI.
<br />PROPERTY. IS GIVEN 1"Q SECURE (A) PAYMENT QF TH� IND�BTEDNESS AND (B► PERFORMANCE qF ANY AND ALL OBLIGATIQNS
<br />UNDER THE NOTE, THE RELATEb DOCLIMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN ANp ACCEPTED ON 7H�
<br />�OI,LaWING TERMS:
<br />PAYMENT AND PERFQRMANCE. Except as otherwise provided in this Peed of Trust, Trustor shall pay to Lender all amounts securad 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 Npte, #his
<br />Deed of Trust, and the Fielated Documents.
<br />PASS�SSION AND MAINTENANCE OF THE PRQp�RTY. 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 11) remain in possession and contrvl of the property;
<br />(2) use, operate or manage the Property; and (3) collsct the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
<br />maintenance necassary to preserve its value.
<br />Gvmpliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) buring the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, releasa 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 />�nvironmental Laws, (6) any use, generation, manufacture, storage, trea#msnt, disposal, release or threatened release of any
<br />Wazardous 5ubstance 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 6y eny person relating to such matters; and (3) Except as previously dis�losed to and
<br />acknowledged by Lander in writing, (a) neither Trustor nor any tenant, contractor, agent or other euthorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hezerdous Substance an, under, about or from the Property;
<br />end (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 />tv 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 vnly and shall not be
<br />construed to creata any responsibility or liability on the part of Lender ta 7rustor or to any other person. The representations and
<br />warranties contained herein are based on 7rustor's due diligence in investigating the Property for Wazardous Substances, Trustor
<br />hereby (1) releases and waives any future claims against Lende� for indemnity or contribution in the event Trustor bacvmes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender egainst any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirec#ly sustain or suffer resulting from a
<br />braach 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 nat the same was or shauld have
<br />qeen known to Trustnr. The provisions of this section of the Deed nf Trust, including the vbligation to indemnify and defend, shall
<br />survive the payment of the Indebtedness and the sstisfaction and reconveyance of the lien of this Deed af Trust and shall not be
<br />effected by l.ender's acquisition of any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer eny stripping of or waste on
<br />or to the Prnperty or any portion of the Proparty. Without limiting the generality of tha foregoing, Trustor will no[ remove, nr grant to
<br />any other party the right to remove, any timber, minerals (including oil and ges), coal, clay, scoria, soil, gravel or rock products
<br />without Lender's prior written consent.
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