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HomeMy WebLinkAbout20075560-. NUM PGS .: rl •.:.. ~,.;• ... DO STAB ~ F S.SJ CK# Oly~l Jd 20075560 CHG ACCT"# RET FEES:_CASH~~R.O.D. CK#._ REC'f~ -~o u~ L'Pn~rA ~ ~~ . ... - i RETURN ~ "' _. ~ NUM ~ .5~- /,2 L'a ~¢~(,~. N~raP9.il-owe RD. COMP;x rtiil, ~=3) .. "7f' .:. . COMPARE ~ . /~.o. GAnAS - AO ~ 'ADAMS COUNTY, NE. . FIlEO iNST. N0. 2~"1 ~ 5 g ~ • Date )~-a(9-o~Time I ~s5~ Ain ~~ ,>,z,> REGISTE.R;OF DF''~'~ ;, PREFACE TO DEED OF TRUST" UNDER. FARM HOMESTEAD PROTECTION ACT 'DISCLAIMER Arlon D Jacobitz JoEllen R Jacobitz 5450 S Deliverance Ave ampbelT, NE 68932 Arlon D Jacobitz JoEllen R Jacobitz lb4bo 5 Deliverance Campbell, NE 68932 In~slte: South Central State Hank - P.O. Box 186, Campbell, NE., 68932 DISCLAIMER In accordance with the provisions of the Nebraska Farm Homestead.Protection Act, Grantor, prior to executing the attached Deed of Trust dated December 17, 2007 ,by and betweenGrantorand South Central State Bank 673 Broad St., Campbell, NE 68932 Lender, hereby statesand acknowledges: 1. That no part of the homestead of Grantor is presently or will be in the future, situated on the following described real estate (the Property), nor are there any buildings sufficient to be designated as a homestead presently located on the Property. The East Half (El/2) of Section Eight (8), Township Five (5) North, Range Twelve (12), West of the 6th P.M., in Adams County, Nebraska. • ., ~... ~ ~ „,. -. ,:.. - .... ,: ,. ,, :. , .. , ... , 2. Grantor acknowledges that while this Deed of Trust is unsatisfied and a lien remains on the Property, Grantor shall have no. righ( presentlyor in the tutureto make a designation oi'homestead on the Property, including, without limitation, in the event of a trustee'ssale under the Deed of Trust. 3. Grahtoracknowledgesthst if, contrary to this Disclaimer, Grantor establishesa homestead on the Propertyduring the time the Deed of Trust is unsatisfied and a lien remains on the Property, Grantorshall have no right to make a designation of homestead in the event of a trustee's sale under the Deed of Trust. I 4. Grantor states that this. acknowledgment is Grantor's knowing and voluntary act and deed, and constitutes a written disclaimer and acknowledgment under the Nebraska Farm Homestead Protection Act and Grantorhereby disclaims any right to designate a homestead in the event of a trustee's sale under the Deed of Trust. 5. Grantorfurtherunderstandssnd agrees that this acknowledgment and Disclaimershall be filed as a Pretaceto and become a part of the Deed of Trust. LPNE640 p John H. Harland Co. (9H 8/88) (800) 937-3799 ~ / ~~ ~ ~ - .. Grantoracknowledgesthdt Grantor~ias read, understands, and agrees to the termsand conditions of this Disclaimer, and'acknowledges receipt of an exact copy of the same. r..,...:._-,...:. ,rr<;a ..~ .......:........_.,.. ..: ~ ~.~ . n ~ 1 , ~ r. qq n r ,.,............, , ~ ....,...:..,..... _. .... Dated this 17th day of December, 2007 ,..........._.__ "; ~': ':..._..,_..,-. <,., ..~ I ~ t....:P~... «..s .. ' ' °~*Ar1on~~D acobitz~T'P,j JoEllen R .Jacobxtz GRANTORj/~ ~~ w-;, GRANTOR: ~ ~ _ ~„ ,~ _,,,,, Ar n D aco tz ~E1 e~Ja~itz ,;;,`-, + „ ,,- ; + ,: , GRANTOR: .GRANTOR: .. .. .•. '......'... . i GRANTOR: ~ . ~ ~ ~ ,GRANTOR: ~ ' ' ._ -. . GRANTOR: ~ ~~'~~~ ~ GRANTOR: ~ ~ ~~ STATEOF '` ' COUNTY OF _' ~ ,., On this ~is/are subscribed°to',tbe ~ ;intending to bind his/her STA`fEOF COUNTY OF ... ).. ss.. )' On this day of ,personally appeared known to me.to be'lhe person(s) whose name(s) is/are subscribed to the foregoing instrument, acknowledged. that he/sheJthey executed same as his/her/their voluntary act and deed, and if married, intending to birid his/her separate estate. Notary.Public ' STATEOF ) ~ SS ~, I ~ , ~~ .q, ._ . 1 r :,, , .4 t ~ !+' ~ ! , P v ~ , ~ . _ i r + ! i: . ~ ) COUNTY OF + ~ , ; . + r 3 +t A. + ,`.i ' ,., ~ ,, ... ~ ;i ., On this - •' day of ~~~~ ~ ~ ~ - personal) 'a eared - ~+ known tome to be the erson(s) whose name(s) p is/are subscribed 40 tlie'foregoing'instrument, acknowledged' that he/sheJthey executed same as his/her/their voluntary act and deed, and if married, inlending.to bind his/her separate estate. Notary Public de estate. ..... ... ... . , ..:..._. .. , ,:.. . , _ .... _. I I - .. .. ~ ..... :: ,: i .. LPNE640e Q John H. Harland Co. (0/1658) (800) 837-3789 q ~1 p 1 ^~~~ n' ~'; ^~ i 1 i. . .. 1,.'~ , ... . I 20o~r5~s~o .~.. , ~ ~ ... :_ n..AI L.v^...Il II .. .. ..• ( I.,i .'1':1 ... .. ..1 ...A 1 ~, ~. Arlon D Jacobitz Arlon D Jacobitz JoEllen R Jacobitz JoEllen R Jacobitz 15450 S Deliverance Ave i~snu a ueiiveranc^e nve Campbell, NE 66932 Campbell, NE 68932 7ELEPHOjLE No, ~ : " IDEfJTIF1EATION No, 1! ' ;:7EI,EPHONE'NO E! IDENTIFICATIQN ND =[_ TRUSTEE: SOllth Central State Hank P.O. Box 186, Campbell; NE., 68932 In consideration of the loan.or other.credi[ accommodation hereinafter specified. and any future advances or future Obligations, as defined herein, winch may hereafter be advanced. or incurred and. the- trust~herematter mennoneo •• ano otner-goon ane-vawaoie• considerauon, me receipt ane sufficlency'o( which' are hereby acknowledged;• Grantor hereby irrevocably bargains sells, transfers, grants, conveys and assigns to Trustee, his successors and assigns, inlrust,for South Central State Hank., 67~ Hroad St., Campbell, NE 66932 ~ ~ ~ ("Lender"), the beneficiary under this Deed of Trust, with power of sale and right of entry and possession all of Grantors present and future estate, right, title and interest in and to the real property described in Schedule A which is attached to this Deed of Trust and incorporated herein by this reference, together with all present and future improvements and fixtures; all tangible personal properly, including, without limitation, all machinery, equipment, building materials, and goods of every nature (excluding' household goods) now or hereafter located on or used in connection with the real property, whether or not affixed to the land; all privileges, hereditaments, and appurtenances, including all development rights associated with the real properly, whelhor previously or subsequently trahslerred-to the'real property from other-roal property-or now or hereafter susceptible of transfer from this real property to other real property; all leases, licenses and other agreements; all rents; issues and profits; all water, well, ditch, reservoir and mineral rights grid stocks pertaining to the real property (cumulatively 'Property'); to have and to hold the Property and the rights hereby granted for the use and benefit of Trustee, his successors ahd assigns, until paymenYin full of all Obligations secured hereby. Moreover, in further consideration, Grantor does; for Grantor and Grantors heirs, representatives, successors, and assigns, hereby expressly warrant, covenant, and agree with Lender and Trustee and their successors and assigns as follows: 1. OBLIGATIONS. This Deed of Trust shall secure the payment and performance of all present and future indebtedness, liabilities, obligations and covenants of Borrower or Grantor (cumulatively 'Obligations') to Lender pursuant to: , :... . 1..,. $260•, 000..00 12./1Z/07' '. '.. ;.:12%31/.Tp , : ,....,.: ,:.:: 'x:4'4'345 1.: .,_ .,,- i .. ..... I - ._. ._ __ . ..;, I 1 (b) all other present or future written agreements ~wnh Lentler that refer specincally to this Ueed of I rust (wnetner executes for me,same Or different purposes than the foregoing); (c) any guaranty of obligations of other parties given to Lender now or hereafter executed that refers to this Deed of Trust; (d) future advances, whether obligatory or optignal, to the same extent as if made contemporaneously with the execution of this Deed of.Trust, made or extended to or on behalf of Grantor or Borrower. Grantor agrees that if one of the Obligations is a line of credit, the lien of this Deed of Trust shall continue until payment in full of all debt due under the line~notwilhslanding the fact that from time to time (but before termination of the line) no balance may be outstandin At no time shall the lien of this Deed of Trust, not including sums advanced to protect the security of this Deed of Trust, exceed $ 500, 00 .00s.- -. ;and (e) all amendments. extensions, renewals, modifications, replacements or substitutions to any of the foregoing. As used in this Paragraph 1, the terms.Granlor and Borrowershall include and also mean any Grantor or Borrower if more than one. 2. REPRESENTATIONS, WARRANTIE$AND CDVENANT$. Grantor represents, warrants and covenants to.Lender that: (a) Grantor has fee simple marketable title to the Property and shall maintain the Property free of all liens, security interests, encumbrances and claims except for this Deed of Trust and those described in Schedule B, which is attached to this Deed of Trust and incorporated herein by reference, which Grantor agrees to payand pedorm in a timely manner; (b) Grantor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, without limitation, those relating to 'Hazardous Materials,' as defined herein, and other environmental matters (the "Environmental Laws'), and neither the federal government nor. the state where the Property is located nor any other governmental or quasi governmental entity has filed a lien on the Properly, nor are there any governmental, judicial ~or administrative actions with respect to environmental matters pending, or to the best of the Grantor's knowledge, threatened, which involve the Property. Neither Grantor nor, to the best of Grantor's knowledge, any other party has used, generated,.. released, discharged, stored, or disposed of any Hazardous Materials as defined hereiri, in connection with the Property or transported 'any Hazardous Materials to or from.the Property. Grantor shall no[ commit or permit such actions to,be.taken in the future. The term "Hazardous Materials` shall mean any substance, material,. or waste which is or becomes regulated by any governmental authority including, but, not,limited~ to: (i) petroleum; (ii) friable or nonfriable, asbestos; (iii) polychlorinated biphenyls; (iv) those substances, materials or wastes designated as a 'hazardous, substance' pursuant to Section 311. of the Clean Water Actor listed pursuant to Section 307 of the Clean Water Act or any amendments or replacements to these statutes; (v) those substances, materials or wastes defined as a 'hazardous waste' pursuant to Section 1004 of Ihe'Resource Conservation and Recovery Actor any amendments or replacements to that statute; and ,(vi) those substances„ materials or wastes defined as a 'hazardous substance' pursuant to Section 101 of the Comprehensive Environmental Response; Cornpeiisaliori and Liability Act, or any amendments or replacements to that statute or any other similar state or federal statute, rule, regulation or ordinanbe now or hereafter in effect. Grantor shall not lease or permit the sublease of the Property to a tenant or subtenant whose operations may result in contamination. of the Property with Hazardous Materials or toxic substances; (c) All applicable laws and regulations, including, without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq. (and all regulations promulgated thereunder) and all zoning and building laws and regulations relating to the Property by virtue of any federal, state or municipal authority with jurisdiction over the Property; presently are and shall be observed and complied with in all material respects, and all rights, licenses, permits, and certificates of occupancy (including but not limited to zoning variances, special exceptions for nonconforming uses, and final inspection approvals), whether temporary or permanent, which are material to the use and occupancy of the Property, presently are and shall be obtained, preserved and, where necessary, renewed; r7 LPNE611 ©John H. Harlantl Co. (8/10/88) (800) 9373798 ~ 0+ ! Page 1 0l 5 . ..:, .: ~ , 200'7...5.560 ,_ (d) Grantor has the right and is duly authorized to execute and perform. ItsObligations,`under'this Deed of Trust and these actions do not and shall;,not, gonflicG;',with the provisions pf any.statute,' regulation,.. ordinance, rule di'1aw, contract or other agreement which may be binding on Grahfo~atanytime; ~ `"'` (e) No action or proceeding is or shall be pending or threatened which might materially affect the Property; and (t) Grantor has not violated and shall not violate. any statute, regulation, ordinance, rule of law, contract or other agreement (including, but not limited. to, those governing Hazardous Materials) which might materially- affect the Property or Lenders rights or interest in the Property..pursuant to this Deed of Trust ~ ~ ~~ 3. PFjIOR DEEDS OF.TRUST ,Grantor represents and warrants that Ihere~are no prior deeds of..trust affecting any part ;of the Property except as set :; forth:on~Schedule B attached-to ;this Deedof.Trust,which Granlor;agrees~,to~pay and. perform,.in.a~aimelymanner. If~there are any;prior,deedsof•trust ~., then Grantor agrees. to; pay all amounts owed and perform all obligations •requued . under such deeds of;trust and the indebtedness secured thereby ,a and furlher,agreeethat,a defqult;tunder,anyr,prior deed of trust shall be a;default under this, Deed. of'Trust,and shall;entitle,Lender to, all rights and,,;;, remedies.contained,fieiein or.in,[hs,Obligatonsdo which;Lender;would be entitled m.lhe,event of any,other;default. , ;., , •• ,,, ,. ~,;; ~ ;,., 4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS;;;In.•the.event'of a sale,:conyeyance,.lease,>^ y p y p p p ty, ;Schedule:A,~or any. interest therein or.of all or any .. contract:for deed or„transfer to an ersonpf all oran ; art of the real; ro er ?described in beneficial interest in Borroweror~Grantor•(if~Borrower~.or.Graritor=is not~a~natural~person,orpe~rsons,btit is a corporation, limited liability:,company, :. partnership, trust, or other legal• entity), Lender may, at~its option, declare the outstanding. principal balance of the Obligations 'plus-accrued. interest. thereon immediately due and payable. At Lender's request; Grantor or Borrower, as the case may be, shall furnish a complete statement setting forth all of its stockholders, members, or partners, as appropriate, and the extent of their respective ownership interests. 5. ASSIGNMENT OF RENTS.: Inconsideration otthe.Obligations which. are secured by-this Deed of Trust, Grantor absolutely assigns to Lender all Grantor's estate, right, title, interest, claim and demand now owned. or hereafter acquired in all existing- and future leases of the Property (including extensions, renewals and subleases), all agreements for use and occupancy of the Property (all such,leases.and agreements whether writtenororal, are hereafter referred to as the "Leases'), and all guaranties of lessees',performance under .the Leases, together with the immediate and continuing right to collect and receive all of the rents, income, receipts, revenues, Issues, profits and other income of any nature now or hereafter due (including any income of any nature coming due during any redemption period) under the Leases or from or arising out of the Property, including minimum rents, additional rents,percentage rents, parking 'or common area maintenance contributions, 1[ax and insurance contributions, deficiency rents, liquidated:„damages;,.following..,:default-in-.anyaease;: all .proceeds payablr~•.,under any policy of m'surance_covenngloss of rents resulting from untenantability, caused,by destruction or damage to the Property,"all' proceeds payable' as a'result'bf~a.lessee's exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding;' and all proceeds from any rights and claims of any kind which Grantor may have against any lessee under the. Leases or any occupants of the Property-(all of the above are hereafter collectively referred to as the "Rents"). This assignment- is subject to the right, power and authority given to the Lender to collect and- apply the Rents. This assignment is recorded in accordance with applicable state law; the lien created by this assignment is intended to be specific, perfected, and choa[e upon the recording of this Deed of Trust, all as provided by applicable state law as amended from time to time. As long as there is no default under the Obligations or this Deed of Trust, Lender grants Grantor a revocable license to collect all Rents from the Leases when due ,and to use such proceeds in. Grantor's business operations. However, Lender may at any time require Grantor to deposit all Rents into an account maintained by Grantor or Lender at Lender's institution. Upon default in the payment of, or in the performance of; any of, the Obligations,. Lender. may at its option take possession of the Property and have, hold, manage,, lease and operate the Property on terms and for a period of time that Lender deems proper. Lender may proceed to collect and receive all Rents from the property, and Lender shall':have fulh.power, to make alterations, renovations, repairs or replacements to the Property as Lenders-may deem: proper...Lender may apply.,all: Rents in Lender's sole.disgretion to,payment;.of,the Obligations,,or to;the.payment of; the. cost ofsuch.alterations, renovations„repairs and teplacements`and any expenses incident 4o taking and retaining possession of the Properly periodically and the'~management and"operation of the Property,'Cender maykeep the Property properly,insured,,and;may-discharge any taxes,: charges;, claims,. assessments and :other liens which may accrue. The expense^and'cosf of'these actions maybe•paid,from the Aents received, 'and any ,unpaid amounts shall be added'.to the' principal of the Obligations Theseramounts .together with8thei costs; shall become part of the Obligations secured bythis Deed bf'--Trust ~- ~~`" ' ' "'~ •~~'`~'- ' • '~ ~ ~~ ~'~~~_ ~ ~~ ~ ~:` dr the withho d ngSof anDy paymeRtAGaonne lion withhGahytLeaseaperlaihingeto thfe'Pfo eake an addition, Grantom without Lendere'smlrwrhwr tten lconlsen ' •" t,'shall ndt'.`(a) collect any monies payable under any Lease more than~one month n~advance;' (b)~modify any Lease; (c) assign or allow a~lien;~~security interest or other encumbrance to be placed upon Grantor's rights,aitle:,and:intsrestin and to:any Lease or the amounts payable thereunder, or (d) terminate or cancel any Lease except for the nonpayment of any sum or other material' breach by the other party thereto. If Grantor receives at any time .any written communication asserting a default by Grantor under a Lease or purporting to terminate or cancel any Lease, Grantor shall promptly forward a copy of such communication (and any subsequent communications relating theratop to. Lender. All such Leasesand the.amounts.due to Grantor thereunder are hereby assigned to Lender as additional security for the Obligations. - ' 7. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY., Lender shall be,entitled to notify or require Grantotto notify any third party (including,. but not limited to, lessees, licensees, governmental authorities. and insurance companies), to pay Lender any indebtedness or obligation owing tb Grantor with respect.to•the Property (cumulatively "Indebtedness") whether or not adefault-exists under this Deed of Trust. Grantor shall diligently collect the Indebtednessowing to Grantor from these third .parties~,until the giving of suchnotificalion. In the event that Grantor possesses or receives possession of any.instruments or other remittances with respect to the Indebtedness following the giving of such notification or ifthe fnstruments`or other remittances constitute the prepayment of any Indebtedness or the payment of any insurance or condemnation proceeds,` Grantor'shall hold such instruments. and other remittances in trust for.Cender apart from its.othec property, endorse the instruments..and other. remittances'to Lender, and immediately provide Lender with possession otthe instruments and other remittances. Lender shall be entitled, but not required, to collect (by legal proceedings or otherwise), extend .the time for payment, compromise, exchange or release any obligor or collateral, or otherwise settle any of the Indebtedness whether or not an Event of Default exists under this Deed of Trust. Lender shall not be liable to Grantor"for any action, error, mistake, omission ordelay pertaining to the actions described in this paragraph or any damages resulting therefrom. Notwithstanding the foregoing, nothing hereinshall cause Lender to bedeemed amortgagee-in-possession. ' B.,;USE AND:MAINTENANCE.OF PROPERTY. ..Grantor; shall; take all actions .and make.any repairs needed to maintain the;Property, in good„ condition:l,Grantonshall:not~,commd or permit anywaste,to,be,committed.with respect,to the Property;; Grantor shall use the Property solely in compliance;~with applicable, law and..insurance policies., Grantor shall not'make any'alterations,,addltions: or improvements to the'Property•~without 1i Lender's prior written•;consent .;WithoutJimiting the:foFegoing,:all alterations; additions ,and"improvements'. made;to the Property`shall be•su6lect to '= the beneficial interest belonging;to,Lender,stiall, not be removed without Lender's prior written cons@nt,.and shall tie made`at'Grantor'ssole expense r, - 9.: LOSS OR DAMAGE. Grantor shall bear the, entire risk of any,loss theft,.;destruction.or damags, (cumulatively "Los's or. Damage°),to the Property or,'; any•portion .thereof from any cause whatsoever: ;In the event otany Loss:or Damage, :,Grantor shall, at tFie option; of Lender;;:~epair. ffie`affected',• Property lofts previouscondition or pay or cause to be;paid~foLender the decrease in the.faiemarket value of the.affected Property. - '" ~, 10. INSURANCE. The Property will be kept insured for its. full insurable value. (replacement cost);againsGall-hazards including loss or damage: causedby.flood, earthquake, tornado and-fire, theft or other casualty to the exten[,required by Lender. Grantor may obtain insurance.on,the Property ' from.such companies ae~Le acceptable to Lender in its sole discretion. The insurance policies shall require the insurance-company to provide Lender with at least UU days' written notice before such policies are altered or cancelled ,in any manner. The insurance policies shall name. Lender as a loss payee and provide. that no act or omission of Grantor or any other person shall affect the,righ[ of Lender to be paid the, insurance proceeds pertaining to the loss or damage of the Property. In the event Grantor fails to acquire or maintain insurance,. Lender (after providing notice as may be required by law) may in its discretion procure appropriate insurance coverage upon the Property and the insurance cost shall be an advance payable and bearing interest as described. in Paragraph 23 and"'secured hereby. Grantor shall furnish Lender with evidence of insurance indicating the required coverage: Lender may act as attorney-in-fact for Grantor in making and settling claims under insurance policies, cancelling any policy .or endorsing Grantor's name oh;anyiirait ornegotiable instrument drawn by'anyinsurer. Alfsucfi"insurance policies shall be immediately.~~assigned;-p{edyed.rand.:delivered'to.Lender.a~'fufther roc,.,iy~for.th'e~.ObligehonsC-s;!n~the~event'of Ics..;:.G~antor shall'immediat=ly-give Lender written notice and Lender is authorized to make proof, of loss. Each. insurance company> is.directed to make• payments "directly to Lender instead of to Lender and Grantor. Lender shall have the right, at its sole option, to apply such monies toward the Obligations or toward the cost of rebuilding and restoring the Property. Any amounts may at Lender's option be applied in the inverse order of the due dates thereof. 11. ZONING AND PRIVATE COVENANTS. Grantor shall not initiate or consent to any change in the zoning provisions or private covenants affecting the'use of the Property without'Lender's prior' written consent. If Grantor's use of the Property is or becomes a nonconforming useunder any zoning provision, Grantor shall~not~cause or~permit such~use to be discontinued or abandoned without the prior written. consent of Lender. Grantor will immediately provide Lender with written notice of any proposed changes.to the zoning provisions or private covenants affecting the Property. ~12. CONDEMNATION: 'Grantor shelf immediately provide Lender with'wrilten notice.otany actual or threatened condemnation. or eminent domain proceeding 'pertaining to the Property' `All monies payable td Grantor from such condemnation ortaking•are hereby assigned to Lender andahall be applied '`first to"the payment"of Lender's°attbrneys'~ feesp-legal'expenses• and-other'costs~~(including.'•appraisaP~.fees) im~connectiom with°.~the' condemnation or eminent domain, proceedings and then at the optlon of Lender to the'paymentbf the-Obligations orthe restoration or repair of the. p tyu,c~,, ,.. ,,r.. ~ ': Pro er ,;_ ,; . ~ _ ~.~ p' ga; r .,.: ..r y . .. 13 'LENDER'S RIGHT TO COMMENCE OR DEFEND LEGALACTIONS 'Grantor shall immediately provide-Lender with written'notice of anytactual'i or threatenedlaction; ~sud or other proceeding affecting the Property Grantoi'hereby'appoints Lender as itstattorney°in-fact to commence, intervene-:' in, acid defend such''aations,~suits, or`olher(Iegal proceedings'and~~to conipFomise`or~setlle'any claim-orcontroversy pertaining''Inereto ~~'Cender shall' not be liable to Grantor for any action, error, mistake; omission-or delay-pertaining` to the aotions'desctibed' imthis' paragraph-or any°damages2' resulting'therefrom."Nothing contained herein'will prevent Lender.from'laking'the actions described in this paragraph in'its;own name? '~: ' 14.°•INDEMNIFICATION:' LendePshall not'assume'orbe'responsible for'the performance of any of Grantor's obligations"with respectto the Property under any circumstances. Grantor shall immediately provide Lender with written notice of and indemnify and hold ~Lender~and ~its'shareholders,' directors, officers, employees and agents harmless from all claims, damages, liabilities (including attorneys' fees and legal expenses), causes of action, actions, suits and other legal proceedings (cumulatively "Claims") pertaining to the Property (including, but not limited to, those involving. Hazardous Ivlaterials), Grantor, upon the request of Lender, shall hire legal counsel to defend Lender from such Claims; and pay the attorneys' fees, legal expenses and other costs incurred in connection therewith. ~ In the alternative; Lender shall be entitled to employ its own legal counsel to defend such Claims at Grantors cost. Grantor's obligation to indemnify Lender under this paragraph shall survive the termination, release or foreclosure of this Deed of Trust. LPNE5118 © John H. Harland Co. (9/10/90) (800) 937-3799 ~ 'BL /7 Pege 2 0l 6 ,k~'~i fi:: ,•'•a ~~,. _ 200'5560 15. TAXES AND ASSESSMENTS. Grantor shall pay all taxes and assessments relating to the Property when due and immediately provide Lender evidence of payment of same. Upon the request of Lender;'Grantor shall deposit with Lender each month one-twelfth' (1/12) of,the estimated annual insurance premium, taxes and assessments pertaining to the Property. So lohg as there' is no default, these amounts shall be applied to the payment of taxes, assessments and insurance as required on the Property. In the event of default, Lender shall have the right, at its sole option, to apply the funds so held to pay any taxes or against the Obligations. Any funds applied may, at Lender's option, be applied in reverse order of the due date thereof. ~ ~ .. ::.. 16. INSPECTION OF PROPERTY; BOOKS, RECORDS AND REPORTS:. Grantor shalliallow Lender or its"agents~tii"ezamme and inspect the Property and examine, inspect and make copies of Grantor's books and records pertaining to the Property from time to time. Grantor.shall provide any assistance' required' bye Lehder for lhese~ purposes:',~~All~'of the'signatures and yinformation r;on[ained ~ in ~Granlor s books sand records shall die rendered with such frequency as Lender may designate" All informahoh:-furnished :by Grantor to Lendershall be true accurate and complete in au ; respects, and signed;by ~Grantonf Lenderrequests ~? ' = ~" ~•:. %- ~ ~ - ~< •- •+~• ~ -' 17.`:ESTOPPEL+CERTIFICATES.:Withih'den {10) days°afterany'request by Lender Grantbr~shall deh4er to Lender, or any ihtended-transferee of •i; Lender's rights with!respect to the Obligations, 'aaigned and acknowledged stafementspecifying (a) the outstanding ~ balahce•ori the•Obligations and •'+ (b) wfieth'er'Grahtor possesses any claims, defenses, set-offs or "counterclaims-with respect to the Obligations and;' if so, the nature of~ such claims; •' defenses; set-offs or counterclaims. Grantor will be conclusively+bound by any represehtatioh thaf'Cender may make.to the intended transferee with, • respect to these matters in the event that Grantor failsao provide the requested statement ih a timelymanner. 18: EVENTS OFDEFAULT. An Event of Default shall occur underthis Deed. of'Trust and'the Trustee's power shall bepbme:operative in the event that . Grantor, Borrower.or any guarantor of the Obligations: ~ ' " ' `'-° •• " ' (a) "fails to pay any Obligation to Lender when due;' ~ • - ' -' (b) fails to perform arty Obligation or breaches any"warranty or covenant to Lender contained in this Deed of Trust or any other present or future agreement{ (c) destroys, loses or damages the Propertyin any material respect or subjects'"the Properly to seizure, confiscation, or condemnation; (d) seeks to revoke,,[ermihate orotherwise limit its liability uhder any guaranty to Lender; , (e) thee, becomes, legally ,inzgmpetent is dissolved or'terminated; "liebomes insclroeht;~ make an asslgnmen, `for lh~ tietiefil oP cieditors lallsao ' pay debts as they become due; tiles a petition under the federal bankruptcy "laws, has art involuhtary `petition iri bankruptcy filed in which Grantor, Borrower or any guarantor is named, or has property taken under any writ or process of court;. ' (t) allows goods to be used, transported or stored on the Property,.the possession, transportation, or use of which, is illegal; . (g) allows any party other than Grantor or Borrower to assume or undertake any Obligation without the written consent of Lender; or (h) causes Lender to deem itself insecure due to a significant decline in the value of the Property; or'if Lender, in good faith, for any reason, believes that the prospect of payment or.performance is impaired. 19. RIGHTS OF LENDER ON EVENT OF DEFAULT. Upon the occurrence of an Event of Default under this Deed of Trust, Lender shall be entitled to exercise one or more of the following remedies without notice or demand (except as required by law): (a)'to declare the Obligations immediately ;due and payable;,in full,, such acceleration shall be automatic and immediate if the. Event of Default is .. 'a tiling under the Bahkruptcy Code; , ' (b) to collectlhe outstanding Obligations with orwdhout resorting to judicial process ~`• - (q) to require ,Grantor to dehvei and:'make available to Lender any personal property or Chattels consh[uhng, the Property •at a plane reasonably, ` ,.r l~1r"r9 emeyuNum;anu~,~rann Nuaacssun ui uio :rrvyciry rvuu~ui aNNryuiy ryi v; 'w y _ PN X ,,° .. T. r' .. appoint a receiver:withoiiC bond, witFiout firsf Bringing "suit on the.Obligations and without otherwise mee6ng,:ariy statutory;conddiohs regarding., ,.:receivers it,being tntended,.that Lender shall have this, contractual nght to appoin4.a receiver- ~ '- , „, (e)"; to employ„ a managing agenC: of tfie Property and let the same, either in Trustee s own "hame,. In the name of Lender or In the name of, , Grantor, and receive fhe:rents, incomes issues,arid.profits of the;; Property, and apply'tlie same,,,after payment of all necessary charges and,`, expenses, on account of the Obligations,. , • (f) to pay any 'sums in any form or manner•deemed' expedient by Lender to"protect the security of this Deed of;Trusfor to'cure any default other than payment of interest or principal on the Obligations; (g) to foreclose this Deed of Trust judicially or nonjudicially and to direct the sale of the' property through exercise of the power of sale as referenced in paragraph 20, herein, in accordance with applicable law; (h) to set-off Grantor's Obligations against any. amounts owed Grantor by Lender"including,".,but not limited to; mohies,' instrumehts, and deposit.. accounts maintained with Lender or any currently existing or.fulure affiliate of Lender; and (i) to exercise all o[henrigh[s available m LenrJer.under any other_written agreement or applicable law., . , _ „ „ . ,.,,• ,. Lehder'."rights are dumula6ve' arid' may 6e exerdised together, separately; -and irr any order' In the event that Lender institutes' an action seeking the recovery of any of the Property by wayof a prejudgment remedy in an action against Grantor, Grantor waives the posting of any bond which might otherwise be required. Lender or Lender's. designee. may purchase the Property at any sale. Proceeds of any Trustee's sale hereunder shall be applied first,"to the''costs and' expenses of exercising the power of sale and of the sale, including -the payment of the Trustee's fees actually incurred and not to exceed the amount which may be provided for in this Deed of Trust, second, to payment of the Obligations secured hereby, third, to the payment of junior trust deeds, mortgages, or other lienholders, and the balance, if any, to the person or persons legally ehtitled thereto. The. Properly or any part thereof may be sold in one parcel, or in such parcels, manner or order as Lender in its sole discretion may elect, ahd" one'or more exercises of the power hereih granted shall not extinguish" or exhaust the power unless the entire Property is sold or .the obligations are paid in full. ~" 20.,.TRUSTEE'$;EXERCISE OF POWER:OF SALE:ON:DEFAULT:.Upon"default by Borrowerin paymenC of any Obligatioris~ secured hereby; Lender- p ty phereby ".immediately.' due ahd payable and shall cause to be:'filed of record a wntten~hotibe of default rand electioh to'i• ma declare all sums secured sell the; Pro er After the la 'se of such time as then maybe regwred'by law'followmg recordaUoh ot`such notice of default and`'hotice of sale f' hawng been grven.,as then required by. la'w Trustee~'withoiit`demand on"Grantor, .Pfeil sell such'Property;;edher as a'whole orin'separa[e parcels =and=' in such grder as it or Lender may deterrrlme at public auction to theihighest'bidiiec Trustee may postpone the sale of"all`or anyporliori of`the"' Property `by public;annpuncement'at'the tittle arid; place ofsale"and•from hme''to time thereattermay'postpone the'sale by`pulilio: anriouncement:'ah. the'time ahd plane'fixed-by the p'receding'"postponement "Trustee sliall'delived to'such`purchaser'its deed conveying the property; or portion thereof, .. so sold, but without any covenant or'warranty; express or implied: The recitals imsuch deed of any matters of fact or otherwise; shall'be conclusive• proof of the'truthfulness"thereof:'A'ny person, including Grantor, Trustee or Lender, mays purchase at such sale. 21. REQUEST FOR NOTICES. Grantor requests that a copy of any notice of default ahd a copy of any notice of'sale hereunder be mailed to each. person who is a party hereto, at the address of such' person set forth herein at the same time and in the same manner required as though a separate request thereof had been filed by each such~person. ~ ' - ~ ~ ~ • ~ ~ ~ ~ ~ ~ ~ ~ - ~ ~ ~~ 22. SECURITY INTEREST UNDER THE UNIFORM"COMMERCIAL CODE. This Deed"of Trust shall be considered a financing statement and a fixture filing pursuant to the provisions of the Uniform Commercial Code (as adopted in the state where the Property is located) covering fixtures, chattels, and articles of personal property now owned or hereafter attached to or to tie used in connection with the Property together with any and all replacements thereof and additions thereto (the 'Chattels'), and Grantor hereby grants Lender a-security interest in such Chattels. The debtor is the Grantor described above. The secured party is'.the Lender described above. Upon demand, Grantor shall make, execute and deliver such security .agreemente.(as such term .is defined,.irrsaid Uniform Commercial, Code) as Lender at,any,lime .may deem necessary or:proper pr required to,grant to Lehder a perfected security interest in the Chattels; andaipon Grantors failure to do so; Lenderis authorized to•sigri any such agreemenhasthe agenC' of Grantor. Grantor hereby authorizes Lender to'file financing statements (as such term" is defined in said Uniform'Commercial Code) with respect to the Chattels, at any time, without the signature of Grantor: Grantor will, however, at any time upon request of Lender, sign such financing statements. Grantor will pay all filing fees for the filing of such financing statements and for the refiling thereof at the times required, in ilia opinion of Lender, by said Uniform Commercial Code. If the lien of this Deed of Trust is subject to any security agreement covering the"Chattels, then:in the event of any default under this Deed of Trust, all [he right, 6tie and interest of Grantor in and to any and all of the Chattels is hereby assigned.to,Lender, together with ilia benefit of any deposits or payments now or hereafter mado thereof by Grantor.or the ,predecessors or successors in, title of Grantor in the Property. 23. REIMBURSEMENT OF AMOUNTS EXPENDED BY LENDER. Lender, at Lender's option, may expend funds (including attorneys' tees and legal. expenses) to perform:any: acLrequired to be takemby'Grantor, or to exercise any right or.remedy, of Lender.undecahis Deed of Trust. Upon demand, • Grantorshall immediately reimburse, Lender for all.such amounts expended by: Lender together with interest thereon, at.theaower,of.the highest rate. described..in any. Obligation,: or the highestrrate,allowed.by;law.•.from the: date of:payment until, the,.,date.,of,.reimbursement..,. These. sums; shall be .. included in the definition of Obligations herein and shall be secured by the beneficial-interest granted hereih. If the Obligatiohs are. paid after:,the:; beginning,; of;.publication i;of!;notice•.of salg;;as herein. provided,',pr.in;the,event,Lendershall; at•its,soleoption; ;permit ",Grantor to,pay;any: part of; the: Obligations :after;,the;begihning ,of,.publicahon;,of:notice of~sale as.herein;provided;•_then ~IGrantor shall~.pay on demand all;ezpenses,ihcurred by.tlie~ Trustee,;and Lendey:fn connection„with said•,publicalion, including reasonable; attorneys',fees~tollhe,attorneys for the Trustee and,(or ilia Lehder ,ahd a" ::, .:: reasonablefee,~fo;the.Trustee;~andIhisDeed~of.;Trust shall:besecurity;for. allsuch~,,expenses,arid~fees ~ ..-. ,.., ~ ... ~ ,,;; 24. APPLICATION OF PAYMENTS: All!payments-made''by-pr on:behaltofGrantor:may,be:applied against the amounts,paid•byLenden;(including:; attorneys' fees and-legal expensespin connectionwith.the exercise of its~nghts or;iemedies described in this Deed of Trust and then to; the payment of the remaining Obligations in whatever order Lender chooses: " . 25. POWER OF ATTORNEY. Grantor hereby appoints Lender as its attorney-in-fact to endorse Grantor's name on all instruments and other documents pertaining to the Obligations or Deed of Trust. In addition, Lender shall be entitled, but not required, to perform any action or execute any document required to be taken or executed by Grantor'under this Deed of Trust. Lender's performance of such action or execution of such documents shall not relieve Grantor from any Obligation or,cure any default under this Deed of Trust. All powers of attorney. described in [his Deed of Trust are coupled with an interest and are irrevocable. 26. SUBROGATION OF LENDER: Lender shall be subrogated to the rights of ilia holder of any previous lien, security interest or encumbrance discharged with funds advanced by Lender regardless of whether these liens, secu~ri7ty interests or other encumbrances have been released of record. LPNE611C ©John H. Harland Co. (9/10/98) (800) 937-3799 ' • e7 Af /,: Page 3 of 5 r-rf~s~3 f1/~.:~ ~ ~- ~:UU~JrJb . `" 27 COLLECTION COSTS To the extent permitted by law; Grantor agrees to. pay Lenders reasonable fees,and costs,~including, but not limited to, fees and costs of attorneys and other agents (including without limitation paralegals;• clerks and cohsultants), whether or not such attorney or agent is an employee of Lender, which are incurred by Lender ih collecting any amount due'o~ enforcing any right dr. remedy under thin Deed of Trust, whether or not suit is brought, including, but. not limited to, all fees and costs incurred on appeal,. iri bankruptcy, and`for post-judgment collection actions. 28. PARTIAL RELEASE. Lender may release its interest in a portion of the Property by executing and recording one or more Partial Deed of Reconveyance,without affecting its interest in the remaining portion of the P.roperty.. Nothing herein shall be deemed to obligate Lender to release any,of its interest in the Property (except as required under Paragraph 37), nor shall Lender be obligated to release any part of the Property if Grantor is in'default underthis'Deed'of Trust: The lien and'securiry interest dreated~by'the~Deed of Trust remain-in-effeot with~tespect to that portion of the property, as'defiried ih theSDeed of:Trust, that is hotlhe•subject'of this or:any~Partial:Deed'otReconveyarice..z~='•' +''; ~ ' -='• "~ 29. MODIFICATION AND WAIVER. The modification or waiver of an of Grantor's Obligations or Lender's nghte `.under this Deed of .Trusf'must be" contained in a writing signed by Lender. Lender may perform any of Borrower's or Grantors Obligations, delay or tail to exercise-any of its rights or accept payments from Grantor or anyone other than Grantor without causing a waiver of those Obligations or rights. A waiver on one occasion shall not constitute a waiver on any other occasion. Grantor's Obligations under this Deed of Trust shall not be affected if Lender amends, compromises, exchanges,. failsao exercises impairs or releases any-of-lhe.Obligatjons belonging. to any Grantor, Borrower or third party or any of its rights against • any Grantor, Borrower or third party or any of the Property.' Lender's failure to insist upon strict performance of any of the Obligations shall not-be ~. deemed a waiver, and Lender shall have the right at any time thereafter to insist upon strict performance... 30. SUBSTITUTE TRUSTEE. In case of the death, inability, refusal to actor absence of'the Trustee from' the state where the Property is located or in case the holder of the Obligations shall desire for any reason to remove the Trustee or any substitute. trustee as trustee hereunder and to appoint. a new trustee in his place and stead, ilia holder of the Obligations is hereby granted. full power to appoint in writing a substitute trustee for said Trustee, and the substitute trustee shall, when appointed, become successorto all rights of Trustee hereunder and the same shall become vested in him for the purposes and objects of this Deed of Trust with all the power, duties and obligations hereih conferred on the Trustee. , 31. SUCCESSORS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to the benefit•of Grantor and Lender and their respective successors, assigns, trustees, receivers; administrators,~personal representatives,.legatees and devisees. - 32. NOTICES. Except as otherwise required by law, any notice-or other communication to be provided under. this Deed of Trust shall be.in writing and sent to the parties a[.lhe addresses described in this Deed of Trust or such other address as the parties may designate in writing from time to time. Any such notice so given and sent by first class mail;' postage prepaid, shall be deemed given the earlier of three (3) days after such notice is sent.or when re,:eived by the person to whom such notice is being given. _ . 33. SEVERABILITY. Whenever possible, each provision of this Deed of Trust shall be interpreted so as'to be effective and valid under applicable state law. If any provision of this Deed of Trust violates the law or is unenforceable, the rest of this Deed of Trust shall continue to be valid and enforceable. 34. APPLICABLE LAW. This Deed of Trust shall be governed by the laws of the state where the Property is located. Unless applicable law provides otherwise, Grantor consents to the jurisdiction and venue of any court selected by Lender, in its sole discretion, located in that slate. 35. NO THIRD-PARTY RIGHTS. No person is or shall be a third-party beneficiary of any provision of this Deed of Trust. All provisions of this Deed of Trust in favor of Lender are intended solely for the benefit of Lender, and no third party shall be entitled to assume or expect that Lender will waive or consent to the modification of any provision of this Deed of Trust, in Lender's sole discretion. 36. PRESERVATION OF LIABILITY AND PRIORITY. Without affecting the liability of Borrower, Grantor, or any guarantor of the Obligations, or any other person (except a person expressly released in writing) for the payment and performance of the Obligations, and without affecting the rights of Lender with respect to any Property not expressly released in writing, and without impairing in any way the priority of this Deed of Trust over the interest of any person acquired or first evidenced by recording subsequent to the recording of this Deed of Trust'Lender may,-either~before.or after the maturity. of the Obligations, and without notice or consent: release any person liable for payment or performance of all or any part of the Obligatioris;~ make ahy~agieement -alte~ing~~tFie terms of payment~~or-performance of -all or'ariy part ~of the Obligations;'-ezerci§e or iefrain`from - exercising,.or-waive-any.righG:or-remedy-~thaLLender-may:_haveunder,this.Deed-of-Trust;~accept.~additional-security-~of:~anykind'fdrany oP4he"i Obligations; or release or otherwise deal with any real or personal property securing the Obligations. Any person acquiring or recording evidence of•,; y y r of to have consented`to all or an mterest open nature in the Pro a shall be deemed b ac wnn such interest or record,n an evidence they an such actions b Lender.'~~.=', •'-r> ' •^' • - • - 37. DEFEASANCE. Upon the payment and performance in full of all of the Obligations, Lender will execute and deliver to Grantor those documents:... that may be required to release this Deed of Trust of record. Grantor shall be responsible to pay any costs of recordation. 38. CONSTRUCTION LOAN. ^ This Deed of Trust is a construction mortgage under the Uniform Commercial Code, to secure an obligation incurred for the construction of an improvement on land, including the acquisition costs of land. This Deed of Trust secures a construction loan, and it will be subject to the terms of a construction loan agreement between Grantor and Lender. Any materials, equipment or supplies used or intended for use in .the construction, development, or operation of the Property, whether stored on or off the Property, shall also be subject to the lien of. this Deed of Trust. 39. "WAIVER OF HOMESTEAD AND OTHER EXEMPTIONS.• Grantor hereby waives all, homestead and other exemptions in the Property to which Grantor would otherwise be entitled under any applicable law. - 40..MISCELLANEOUS. Grantor and Lender agree that time is of the essence. Grantor waives ppresentment. demand for payment, notice of dishonor and protest exdephas required byy law. All references to Grantorin this Deed of Trust shall include all persons signing below. If there is more than one Grantor, their Obligations shall be joint and several.: This Deed of Trust represents the complete integrated understanding between :Grantor and Lender pertaining to the terms and conditions hereof.:,. 41. -JURYTRIAL WAIVER: ~CENDER AND GRANTOR.HEREBY WAIVE ANY.RIGHT'TO TRIAL BY JURY IN ANYCIVIL ACTION ARISING-0UT'OF, OR BASED UPON, THIS DEED OF TRUST. - 42.' ADDITIONAL TERMS: .. , .. - . _ _._ ~ , - ...~,. Grantor acknowledges that Grantor has read, understands, and agrees to the terms and conditions of this Deed of Trust and acknowledges receipt of an exact copy of same. Dated this 17th dayot December, 2007 GRANT Arlon J3CObi tz GRANTOR: JOEllen R//J/~dCObitz Ar n D Jaco tz ,Ellen R Jaco itz GRANTOR: GRANTOR: GRANTOR: GRANTOR:.. GRANTOR: GRANTOR: LPNE611 D ©John H. Harland Co. (9/10/98) (800) 937-3799 ~ !)t ~ page 4 of 6 ,> rSTATEOF NOY.~rpS1'~Q ). F~ ' COUNTY OF FrQr~1'~I1rl ? J On this I-1"'~ day of De GeYYIY~Yr , ~,f l(.~~ ,personally appeared: ~r 10'(1' "'+ ~n F ~;\~P f1 ~C"]Y'(~'Cl1 ~"Z ` - 'known tome to; be the person(s)rwhose name(s) „.. is/are subscribed to the foregoing instrument, acknowledged that he/she/[hey :executed same as his/her/Ihelr voluntary act'and deed'and li married;;. inlendingdo bind:his/her'separate estate ::: ~- , • "' r.. _~. 4 ~ r ',. ~ ' ._ r ~ GENERAL N07ARY:9 State ofNehraska ~ 4 t r•. ~ ~ l~ KEL'LY E BO ._ ~i~ , _ '~ ~ x I t~~ ~ ~ 0 b ' _ ~ ` `~ . bbc „ ~, ` MyComm Ezp Aug i~d!@58 i . - . ,- STATEOF , ,, ~: , . -.. •~. ~. ) ss . GENERAL NOTARY Stale.of Nebraska ' . ~ ~ • COUNTY OF ) ~ '~' KELLYE BOLLES . `~' _ My.Comrri: Exp. Aog.13, 2008.. .. ., , . .. _. On this day of ;personally appeared known to me to be The.person(s) whose-name(s) is/are subscribed to the foregoing instrument, ackn owledged that he/shelthey executed same as his/her/their.. voluntary act and deed, and if married, intending to bind his/her separate estate. _. , _.. ..• ~ • - .... _ .. . - .. . k 'Notary: Public STATEOF ) ). ss. COUNTY OF ) known to me to be the of who acknowledged that heJshe/they executed the foregoing instrument on behalf of the entity herein named and executed the same as the voluntary act of such entity. Notary Public SCHEIDULE A The following described real property located in the County of Adams ,State of Nebraska , The East Half (El/2) of Section Eight (6), Township Five (5) North, Range Twelve (12), West of the 6th P.M., in Adams County, Nebraska. ~. THIS DOCUMENT WAS PREPARED BY: South Central State Hank AFTER RECORDING RETURN TO LENDER AT ITS ADDRESS DESCRIBED ABOVE. LPNE517E ®Jahn H. Herlarul Co. (9H 0/98) (B00) 937-3799 7 Or 7 Page 6 of 6