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WHEN RECORDED MAIL TO:
<br />Exchange Bank
<br />Allen Drive Branch
<br />1204 Allen Dr
<br />PO Box 5793
<br />Grand Island, NE 68802
<br />DEED OF TRUST
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<br />FOR RECORDER'S USE ONLY
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<br />THIS DEED OF TRUST is dated February 1, 2013, among JAMES A WEAKLAND and KAYE E
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<br />WEAKLAND, Husband and Wife ( "Trustor "); Exchange Bank, whose address is Allen Drive
<br />Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary "); and Exchange Bank, whose address is PO Box
<br />397, Kearney, NE 68848 (referred to below as "Trustee ").
<br />Lg.! CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
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<br />for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />F—• 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 (including stock in utilities with
<br />AcC ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL
<br />4 County, State of Nebraska:
<br />LOT NINE (9) BLOCK TWO (2) IN COLONIAL ESTATES SUBDIVISION IN THE CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 1212 HANCOCK AVE, GRAND
<br />ISLAND, NE 68803. The Real Property tax identification number is 400035839.
<br />CROSS- COLLATERALIZATION. In addition to the Credit Agreement, this Deed of Trust secures all obligations, debts
<br />and liabilities, plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender
<br />against Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to
<br />the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or not due, direct or indirect,
<br />determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and
<br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and
<br />whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender
<br />is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans,
<br />extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure
<br />additional loans or obligations unless and until such notice is given.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the
<br />Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that
<br />the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or
<br />variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts
<br />expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit
<br />Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the
<br />balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the
<br />Credit Agreement and any intermediate balance.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and
<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, INCLUDING THE ASSIGNMENT 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 />EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED
<br />DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING
<br />TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of
<br />Trustor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and
<br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
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