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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />P.O. Box 760
<br />#14 LaBarre ��
<br />Gibbon NE 68840 FOR RECORDER'S USE ONLY
<br />�D •
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated January 26, 2012, among Jeffrey T. Romsa and Wendy J.
<br />Romsa, Husband and Wife ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14
<br />LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE 68840
<br />(referred to below as "Trustee"). �
<br />CONVEYANCE AND GRANT. For valuable consideretion, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneflciary, ail of Trustor's right, title, and interest in and to the followfng descrlbed 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 lincluding stock in utilitles with
<br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, ges, geothermal and similar matters, (th@ ° R881 PI'Op@riy located in Hall County
<br />State of Nebraska:
<br />Lot One (1), Larsen Acres Subdivision, Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 607 Stagecoach Road, Grand Island.
<br />NE 68801.
<br />CROSS-COLLATERALIZATION. In addition to the Note, thfs Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntery or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, ebsolute or contingant, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated es guarantor, surety, eccommodetion perty or
<br />otherwise, and whether recovery upon such amounta may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter mey become othenn�ise
<br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending fn connection with
<br />eny additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust
<br />shall not secure additional loans or obligations unless and until such notice is given.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitetion,
<br />this Deed of Trust secures, in addition to the amounts specified (n the Note, all future amounts Lender in its discretion
<br />may loan to Borrower or 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, end
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor
<br />grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDINC3 THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS (31VEN 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 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed et
<br />Borrower's request and not et the request of Lender; (b) Trustor has the full power, right, end authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under eny agreement or other instrument binding upon Trustor and do not result in a violatlon of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequete means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; end (e) Lender has mede no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any °one action" or "anti-deflciancy°
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a cleim for deficfency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judiclally or by exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shell pay to
<br />Lender alI Indebtedness secured by this Deed of Trust es it becomes due, and Borrower and Trustor shell strictly
<br />perform aII their raspective obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remein in possesslon and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
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