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<br />2012U52��
<br />WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />Allen Drive Brench
<br />1204 Allen Dr p�
<br />PO Box 5793 � o � V
<br />Grand Island, NE 68802 FOR RECORDER'S USE ONLY ,
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated June 27, 2012, among TOBY S MOHLER and STEPHANIE D
<br />MOHLER, Husband and Wife as joint tenants with right of survivorship, and not as tenants in
<br />common ("Trustor"); Exchange Bank, whose address is Allen Drive Branch, 1204 Allen Dr, PO
<br />Box 5793, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes
<br />as "Beneficiary"); and Exchange Bank , whose �ddress is PO Box 5793, Grand Island, NE
<br />68802 (referred to below as "Trustee").
<br />CONVEYA�ICE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for tha benefit of Lender as Baneflciary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br />easements, rights of way, and eppurtenances; all weter, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real prope including without
<br />limitation all minerels, oil, gas, geothermal and similer metters, (th� "Real Property IOCetB in Hall County
<br />State of Nebraska:
<br />Lot Fifteen (15), in Westwood Park Sixth Subdivision, in the City of Grand Island, Hali
<br />County, Nebraska
<br />The Real Property or its address is commonly known as 4162 FAIDLEY AVE, GRAND ISLAND,
<br />NE 68803.
<br />CROSS-COLLATERALIZATION. In additfon to the Note, this 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 ell 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 unrelated to the purpose ot the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodstion party or
<br />otherwise, and whether recovery upon such amounts 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 may become otherwise
<br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with
<br />any 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 tha 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 specffied in the Note, all future amounts Lender in its discretion
<br />may loan to Borrower or Trustor, together with all interest thereon.
<br />Trustor prasently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to ail 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, INCLUDING THE ASSIQNMENT 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 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 request of Lender; (b) Trustor has the full power, right, and authorlty 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 agreement or other instrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor hes establlshed adequate means of obtaining
<br />from Borrower on a continuing basis fnformatfon about Borrower's finencial cond(tion; and (e) Lender has made no
<br />representation to Trustor ebout Borrower (including without Itmitatlon the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of eny "one action" or °anti-deficiency°
<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 claim for deficiency, before or after Lender's commencement
<br />or completion of any foreclosure action, either judicially or by exercise of a power ot sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwfse provided in this Deed of Trust, Borrower and Trustor shall pay to
<br />Lender all Indebtedness secured by this Deed of Trust es it becomes due, and Borrower and Trustor shall strictly
<br />perform ali their respective obligations under the Note, thfs Deed of Trust, and the Related Documents.
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