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ADAMS~IOUNTY~ NE
INST. NO ~~~~U35`7
Date L~Z2~ Time~,~?aEld?
~~~~ ~~~~
REGISTER OF DEEDS
(Space Above This Line For Recording Data)
LOAN NUMBER: 1379800
Disclaimer of Homestead
By executing below, Grantor (as defined on the first page of the security instrument which is attached hereto)
acknowledges and agrees that no part of Grantor's homestead is presently or in the future will be situated upon the
real estate described in the security instrument which is attached hereto and Grantor understands that if Grantor
establishes a homestead on any part of the real estate during the time the security instrument remains unsatisfied
and constitutes a lien upon the real estate, there shall be no right to make a designation of homestead in the event
of a foreclosure or trustee's sale upon such security instrument.
~~ _~ /6-~
Donald J. 1 aka Donald Joe Hubl Date
Individually
Marlene M. Hubl Date
Individually
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-,-60MERCIAL REAL ESTATE DEED OF TRU~T°
T,h>s C,OIVIA+I£R~IeAI„ ~,,~e EJTATE DEED OF TRUST ("Security Instrument") is~mac~e on ~aniiary 16, 2008
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by Donald J:)EIubl aka Donalc~~Joe Hubl, Husband, whose address is 30340 Road B`, Gtenvil; Nebraska 68941
and i~ar`.lene i;~'1F?.~~Ii~(l;)Wife, whose address is 30340 Road B, Glenvil, Nebraska 68941 the grantor(s)
("Grantor"). The trustee is Union Bapk and, Trust. Company whose address is 3646 So 48th St, PO Box 82535,
Lincoln, Nebraska 68501-2535 , ("Trustee"). The beneficiary is Union Bank & Trust Company whose address is
3643 South 48th Street, PO Box 82535; Lincoln;•~Nebraska 68501-2535 ("Lender"), which is organized and
existing under the laws of the state of Nebraska. Grantor in consideration of loans extended by Lender up to a
maximum principal amount of One Hundred' Eighty=six Thousand and 00/100 Dollars ($186,000.00)
("Maximum Principal Indebtedness")nand. for, other, yaluable consideration, the receipt of which is acknowledged,
irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and property described
below:
Legal Description: Parcel 1: The South Half of the Northwest Quarter (S1/2NW1/4) and North Half of the
Southwest Quarter (Nl/2SW1/4) of Section Twenty-five (25), Township Five (5) North, Range Nine (9)
West of the tith P.Iiii., Adarns County, Nebraska.
Parcel 2: The Northwest Quarter (NWl/4) of Section Twenty-nine (29), Township Five (5) North, Range
Eight (8) West of the 6th P.M., Clay County, Nebraska.
Property Size: 320 acres.
Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures,
tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description
and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or
otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above-
described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites,
storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in
connection with the above-described real property, payment awards, amounts received from eminent domain,
amounts received from any and all insurance payments, and timber which may now or later be located, situated, or
affixed on and used in connection therewith (hereinafter called the "Property").
RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions,
guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other
documents or agreements executed in connection with this Security Instrument whether now or hereafter existing.
The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same
force and effect as if fully set forth herein.
INDEBTEDNESS. This Security Instrument secures the principal amount shown above as maybe evidenced by a
promissory note or notes of even, prior or subsequent date hereto, including future advances and every other
indebtedness of any and every kind now or hereafter owing from Grantor to Lender, howsoever created or arising,
whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such
indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents
(hereinafter all referred to as the "Indebtedness"). INCREASED MAXIMUM PRINCIPAL
INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will
automatically be increased by any future advances or other indebtedness of the Grantor to the Lender.
Notwithstanding the foregoing, the part~~s~~ag~~~ree that the total amount which is secured by this Security
Instrument shall not exceed $400,000.00 ~,J~,/,F- (initials)
FUTURE ADVANCES. To the extent perm~i~ tte~~d by law, this Security Instrument will secure future advances as if
such advances were made on the date of this Security Instrument regardless of the fact that from time to time there
may be no balance due under the note and regardless of whether the Lender is obligated to make such future
advances.
CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its
Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred.
WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents,
warrants, covenants and agrees with Lender, its successors and assigns, as follows:
P erforman;.e'of Obligations.. Grantor promises to perform all terms, conditions; and covenants of this
Security Instrument and Related Documents in accordance with the terms contained therein.
Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully
seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the
Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances
of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally
the title to the Property against any and all claims and demands whatsoever, subject to the easements,
restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of
exceptions to coverage in any abstract of title or title insurance policy insuring Lender's interest in the
Property.
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Condition of Property. The Grantor promises at all times to preserve and to maintain the Property and
every part thereof in good repair, working order, and condition and will from time to time, make all needful
and proper repairs so that the value of the Property shall not in any way be impaired.
Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its
present location, except for replacement, maintenance and relocation in the ordinary course of business.
.Alterations to the Property. Grantor promises to abstain from the commission of any waste on the
Property. Further, Grantor shall make no material alterations, additions or improvements of any type
whatever to the Property, regardless of whether such alterations, additions or improvements would increase
the value of the Property, nor permit anyone to do so except for tenant improvements and completion of
items pursuant to approved plans and specifications, without Lender's prior written consent, which consent
may be withheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all
public authorities having jurisdiction over the .premises relating to the use, occupancy and maintenance
thereof and shall upon request promptly submit to Lender evidence of such compliance.
Due on Sale -Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as
herein provided, any or all of its interest in any part of or all ~of ,the` Property without first obtaining the
written consent of Lender. If any encumbrance, lien, transfer or 'sale or agreement for these is created,
Lender may declare immediately due and payable, the entire balance of the Indebtedness.
Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within
the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by
Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval,
which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a
minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor maybe required to produce
receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may
do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of
loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the
damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor.
Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge liens,
encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied
or assessed against Grantor or the Property.
Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are
presently and shall continue to be in strict compliance with any applicable local, state and federal
environmental laws and regulations. Further, neither Grantor nor any tenant shall manufacture, store, handle,
discharge or dispose of hazardous or toxic materials as may be defined by any state or federal law on the
Property, except to the extent the existence of sucli materials has been presently disclosed in writing to
Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any party as to
the possible violation of applicable state and federal environmental laws including the location of any
hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmless from
any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation
of applicable local, state and federal environmental laws and regulations or Grantor's involvement with
hazardous or toxic materials.
Financial Information. Grantor agrees to supply Lender such fmancial and other information concerning its
affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Grantor
further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books,
records and files of Grantor.
Lender's Right to Enter. The Lender or Lender's agents shall have the right and access to inspect the
Property at all reasonable times in order to attend to Lender's interests and ensure compliance with the terms
of this Security Instrument. If the Property, or any part thereof, shall require inspection, repair or
maintenance which the Grantor has failed to provide, the Lender, after reasonable notice, may enter upon the
Property to effect such obligation; and the cost thereof shall be added to the Indebtedness and paid on the
Lender's demand by the Grantor.
ASSIGNMENT OF LEASES AND RENTS. As additional security for the payment of the Indebtedness and the
performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rents,
income and profits ("12.ents"1 under any present or fut!Ire leases,. subleases or licenses of the Property; including
any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Grantor is
not in default, Grantor may receive, collect and enjoy all Rents accruing from the Property, but not more than one
month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Property to
make payments of Rents directly to Lender. However, by receiving any such payments, Lender is not, and shall not
be considered, an agent for any party or entity. Any amounts collected may, at the Lender's sole discretion, be
applied to protect the Lender's interest in the Property, including but not limited to the payment of taxes and
insurance premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must
first be approved by Lender.
CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or
public entities to appropriate the Property or any part thereof, through condemnation, eminent domain or any other
action. Further, Lender shall be permitted to participate or intervene in any of the above described proceedings in
any manner it shall at its sole discretion determine. Lender is hereby given full power, right and authority to
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receive arid receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in
its sole discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance
with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness
shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of
such payments:
GRANTOR'S ASSURANCES. At any time, upon a request of Lender, Grantor will execute and deliver to the
Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and
rents, security agreements, pledges, financing statements, or such other document as Lender may require, in
Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness,
or the lien or security interest created by this Security Instrument.
ATTORNEY-IN-FACT. Grantor appoints Lender as attorney-in-fact on behalf of Grantor. If Grantor fails to
fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those
obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without
notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor.
EVL+'NTS OF DEFAULT. The following events shall constitute default under this Security Instrument (each an
"Event of Default"):
(a) Failure to make required payments when due under Indebtedness;
(b) Failure to perform or keep any of the covenants of this Security Instrument or a default under any of
the Related Documents;
(c) The making of any oral or written statement or assertion to the Lender that is false or misleading in any
material respect by Grantor or any person obligated on the Indebtedness;
(d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person
or entity obligated on the Indebtedness;
(e) Any assignment by the Grantor for the benefit of the Grantor's creditors;
(f) A material adverse change occurs in the financial. condition, ownership or management of Grantor or
any person obligated on the Indebtedness; or
(g) The Lender deems itself insecure for any reason whatsoever.
REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default, Lender may, without demand or
notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance
provided for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the
Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none
were furnished to it, and procure title reports covering the Property, including surveys. The amounts paid for any
such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on
the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the
property of the Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining
to the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full.
IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF
A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE
EVENT THE LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS,
THE GRANTOR HEREBY WAIVES ANY RIGHT TO ANY NOTICE OTHER THAN THAT PROVIDED
FOR SPECIFICALLY BY STATUTE, OR TO ANY NDICIAL HEARING PRIOR TO SUCH SALE OR
OTHER EXERCISE OF RIGHTS.
Upon the occurrence of an Event of Default, Lender may, without notice unless required by law, and at its option,
declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates of maturity thereof
and, if permitted by state law, is authorized and empowered to sell or to cause the Property to be sold at public
auction, and to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and
sufficient at law, pursuant to the statute in such case made and provided, and out of the proceeds of the sale to
retain the sums then due hereunder and all costs and charges of the sale, including attorneys' fees, rendering any
surplus to the party or parties entitled to it. The recitals in the trustee's deed shall be prima facie evidence of the
truth of the statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide
notice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the
foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to
foreclose this Mortgage in any manner authorized by law shall be deemed as exercise of the above option.
Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and
obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it,-with the
powers as the court making the appointments confers. Grantor hereby irrevocably consents to such appointment
and waives notice of any application therefor.
NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall
affect that right, remedy, power or privilege nor shall any single or partial exercise thereof preclude the exercise of
any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this
Security Instrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time,
before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the
Related Documents.
SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor
trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security
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Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title,
power and duties conferred upon Trustee herein and by applicable law.
JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all
persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by
law.
SURVIVAL. The Lender's rights in this Security Instrument will continue in its successors and assigns. This
Security Instrument is binding on all heirs, executors, administrators, assigns and successors of the Grantor.
NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand
given by Lender to any party is considered effective when it is deposited in the United States Mail with the
appropriate postage, mailed to the address of the party given at the beginning of this Security Instrument unless an
alternative address has been provided to Lender in writing. To the extent permitted by law, Grantor waives notice
of Lender's acceptance of this Security Instrument, defenses based on suretyship;~any defense arising from any
election by Lender under the United States Bankruptcy Code, Uniform. Commercial Code, as enacted in the state
where the Lender is located or other applicable law or in equity, demand, notice of acceleration, notice of
nonpayment,.presentment, protest, notice of dishonor and any other notice.
TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER
THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING,
JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS UNDER THIS
SECURITY INSTRUMENT.
WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to
the extent permitted by law.
WAIVER OF HOMESTEAD EXEMPTION RIGHTS. Grantor hereby waives all homestead exemption rights
relating to the Property to the extent permitted by law.
LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement
of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation
because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collection charges
and reasonable attorneys' fees and disbursements.
ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights
under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any
part of the Security Instrument without the express written consent of Lender.
GOVERNING LAW AND JURISDICTION. This Security Instrument will be governed by the laws of the State
of Nebraska.
SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security
Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent
required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest
of the Security Instrument without invalidating the remainder of either the affected provision or this Security
Instrument.
ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or
incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter
of this agreement. This agreement supersedes all prior oral or written agreements, commitments and
understandings between the parties relating to the subject matter of this agreement and cannot be changed or
terminated orally, and shall be deemed effective as of the date noted above.
ADDITIONAL PROVISIONS. he term Property also includes all water (whether groundwater,
subterranean, or otherwise), water rights (whether riparian, appropriate or otherwise, and wltether or not
appurtenant to the above-described real property), wells, well permits, ditches, ditch rights, reservoir
rights, storagae rights, dams and water stock that may now, or at any time in the future, be used in
connection with the above-described realproperty.
Trustor is prohibited from encumbering, selling, assigning, or otherwise conveying its interest in water
rights that my now, or at any time in the future, be used in connection with the real property without
receiving prior written consent from the Beneficiary. Trustor covenants to fully utilize all water rights that
may na::, or at any time in the future, be used in connection with the real property while the Deed of Trust
is in effect in order to minimize the risk of abandonment of such water rights.
By signing this Security Instrument, each Grantor acknowledges that all provisions have been read and
u/n\\dJ~ erstood. SignedDan/d sealed by Grantor (s): ('
~N-G`7_=fE_~. ~---f.~~.~~~ Lt/1/cLr'-~.J~ P'~~GfJ-~ f ~ ~.~'-'J d
Donald J. bl aka Donald Joe Hubl Date Marlene M. Hubl Date
Individually Individually
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INDIVIDUAL ACKNOWLEDGMENT
STATE OF NEBRASKA )
COUNTY OF ADAMS )
The foregoing instrument was acknowledged by Donald J. Hubl aka Donald~Joe Hubl; Marlene M. Hubl;
before me on l' ~ -- ~~ c . In witness whereof, I ereunto set y hand and, if applicable,
my official seal. ~` ,~! %n
My commission e G~~`~1~~N~~jT~A~Ry-_~~~jfie - / ,~ ~
MYCo~m ~ ~ g~H~~raska
P Dec. 3l. 2p 8
(Official Seal)
THIS INSTRUMENT PREPARED BY: AFTER RECORDING RETURN TO:
Union Bank and Trust Company Union Bank and Trust Company
18 West 23rd Street 18 West 23rd Street
Kearney, NE 68847 Kearney, NE 68847
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