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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 />77 <br />/1 <br />_ G <br />tP <br />.P <br />G <br />(") cn <br />c , o -I <br />C D <br />—4 <br />- rn <br />- o <br />ry o <br />- n <br />—0 I> Q <br />f <br />r n- <br />u) <br />co cn <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated May 17, 2013, among JAYSON S RHOADS and ROSELINDA J <br />RHOADS, Husband and Wife, as joint tenants and not as tenants in common. ( "Trustor "); <br />Exchange Bank, whose address is Allen Drive Branch, 1204 Allen Dr, PO Box 5793, Grand <br />Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Exchange Bank, whose address is PO Box 397, Kearney, NE 68848 (referred to below as <br />"Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Beneficiary, 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 appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />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 />County, State of Nebraska: <br />The South Twenty -Seven Feet (27') of Lot Twelve (12) and the North Thirty Feet (30') of <br />Lot Fourteen (14), Block Twenty -Two (22), University Place Addition to the City of Grand <br />Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1907 SHERIDAN AVE, GRAND <br />ISLAND, NE 68803. The Real Property tax identification number is 400101491. <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 />