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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 />x rt <br />n <br />CO <br />nc m <br />- 77 m OD <br />r" <br />r ;r.. <br />Pc <br />cn <br />b <br />C7) <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated February 6, 2014, among PAUL H LOWELL and DIANE L <br />LOWELL, 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 address is PO Box 397, Kearney, NE 68848 <br />(referred to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />a for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br />C property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br />a easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />.'Z ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />c� a limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />c v ` rn <br />County, State of Nebraska: <br />(3), LOT THREE (3), BLOCK FIVE (5), BEL AIR ADDITION TO THE CITY OF GRAND ISLAND, <br />... HALL COUNTY, NEBRASKA. <br />f7'1 <br />-/'i The Real Property or its address is commonly known as 2427 DEL MONTE AVE, GRAND <br />W ISLAND, NE 68803. The Real Property tax identification number is 400016044. <br />C CROSS- COLLATERALIZATION. In addition to the Credit Agreement, this Deed of Trust secures all obligations, debts <br />1 C 7 and liabilities, plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender <br />H 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 />1-- <br />0 <br />CO <br />00 <br />,5 <br />