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<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank �l
<br />P.O. Box 760 � I�
<br />#14 LaBarre
<br />Gibbon, NE 68840 FOR RECORDER'S U_S_E 0_N_LY �� Cj
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<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated June 17, 2009, among Justin P Oseka and Anna L Oseka,
<br />whose address is 1709 Meadow Rd., Grend Island, NE 68803 ("Trustor"1; Exchange Bank,
<br />whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary"); and Exchange Bank-Grand Island Branch, whose
<br />address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Truste�").
<br />CONVEYANCE AlVD GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the beneflt of Lender as.Beneficiary, all of Trustor's right, t(tle, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixturea; all
<br />easements, rights of way, and appurtenances; all water, water r(ghts and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; and all other rights, royalties, and proflt �relating to the real prope including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (th� Real Property ) located in Hall County
<br />State of Nebraska:
<br />Lot Nineteen (19), Block Three (3), Summerfield Estates Fourth Subdivision in the City of
<br />Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 1709 Meadow Rd, Grand Island, NE
<br />68803.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />pius 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 erising, whether
<br />related or unreleted to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, Iiquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarentor, surety, accommodation perty or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any stetute of
<br />limitations, end whether the obligation to repay such amounts may be or hereafter may become othervvise
<br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connectlon 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 ell future advances made by Lender to
<br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br />this Deed of Trust secures, in addition to the amounts speciffed in the Note, ell future amounts Lender In its discretlon
<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 fn the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSI(3NMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS GIVEN 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT
<br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY
<br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br />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 at
<br />Borrower's request and not at the raquest of Lender; (b) Trustor has the full power, �ight, and 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 any egreement or other instrument binding upon Trustor and do not result in a violation of any
<br />lew, regulation, court decree or order applicable to Trustor; (d) Truator has established adequata means of obtaining
<br />from Borrower on a continuing basis lnformation about Borrower's financlal condition; and (e) Lender hes 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 "enti-deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including e cleim for
<br />deficiency to the extent Lender is othenivise entitled to a claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicfally or by exercise of e power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to
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