2 w i^rJ --1
<br /> • «-.1 rn
<br /> rri
<br /> Co *t
<br /> cs. _ tTy a i�R ' c� r rn C i)
<br /> 0 X Z rte- c.o
<br /> 11 - o ca ►--+ cn
<br /> CO
<br /> C.) p
<br /> Ocn
<br /> WHEN RECORDED MAIL TO: ©v
<br /> Exchange Bank r^
<br /> Allen Drive Branch
<br /> 1204 Allen Dr
<br /> PO Box 5793
<br /> Grand Island.NE 68802 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated October 17, 2013, among RICHARD L KLEIN and BARBARA M
<br /> KLEIN, 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 /> LOTS TWO (2) AND THREE (3), ROSS-THEASMEYER SUBDIVISION, TO THE CITY OF
<br /> GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as 3030 IDAHO AVE, GRAND ISLAND,
<br /> NE 68803. The Real Property tax identification number is 400161869.
<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 />
|