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fffli IV CD 5 - a WHEN RECORDED MAIL TO: Exchange Bank Allen Drive Branch 1204 Allen Dr PO Box 5793 Grand Island, NE 68802 C) U, r- r c_ C D ✓ „ (.:"D Z — I c '_' — I rT1 c -� CO r � r 71 v $ Ci: Ir DEED OF TRUST THIS DEED OF TRUST is dated October 24, 2013, among JOHN A SPENCER and REBECCA A SPENCER, HUSBAND AND WIFE ( "Trustor "); Exchange Bank, whose address is Allen Drive Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as "Beneficiary "); and Exchange Bank, whose address is PO Box 397, Kearney, NE 68848 (referred to below as "Trustee "). CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating o the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the " Property ) located in HALL County, State of Nebraska: Wis LOT THIRTY -FOUR (34), GRAND WEST SUBDIVISION IN THE CITY OF GRAND ISLAND, 9 HALL COUNTY, NEBRASKA. y ▪ , The Real Property or its address is commonly known as 1527 MANSFIELD RD, GRAND ISLAND, NE 68803. The Real Property tax identification number is 400396742. ✓ n • CROSS - COLLATERALIZATION. In addition to the Credit Agreement, this Deed of Trust secures all obligations, debts ▪ and liabilities, plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all 7 claims by Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, C accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred CD by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become ▪ otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Credit Agreement. Such advances may be made, repaid, and remade from time to time, subject to the limitation that the total outstanding balance owing at any one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement, any temporary overages, other charges, and any amounts expended or advanced as provided in either the Indebtedness paragraph or this paragraph, shall not exceed the Credit Limit as provided in the Credit Agreement. It is the intention of Trustor and Lender that this Deed of Trust secures the balance outstanding under the Credit Agreement from time to time from zero up to the Credit Limit as provided in the Credit Agreement and any intermediate balance. Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF EACH OF TRUSTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency" iaw, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. CO (1) F—+ FOR RECORDER'S USE ONLY 5a co