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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
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<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated February 19, 2014, among RICK L HOUCHIN and MINERVA
<br />HOUCHIN, HUSBAND AND WIFE, AS JOINT TENANTS AND NOT AS TENANTS IN COMMON
<br />( "Trustor "); Exchange Bank, whose address is Allen Drive Branch, 1204 Allen Dr, PO Box
<br />5793, Grand Island, NE 68802 (referred to below sometimes as "Lender" and sometimes as
<br />"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 />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 NINE (9), TEN (10) AND THE WESTERLY THIRTY (30) FEET OF LOT ELEVEN (11) IN
<br />BLOCK ELEVEN (11), FIRST ADDITION TO WOOD RIVER, HALL COUNTY, NEBRASKA.
<br />® The Real Property or its address is commonly known as 308 E 11TH ST, WOOD RIVER, NE
<br />i< 68883. The Real Property tax identification number is 400175975.
<br />CROSS- COLLATERALIZATION. In addition to the Credit Agreement, this Deed of Trust secures all obligations, debts
<br />")\ I and liabilities, plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all
<br />claims by Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising,
<br />rn whether related or unrelated to the purpose of the Credit Agreement, whether voluntary or otherwise, whether due or
<br />..{ not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether
<br />Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />7 accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred
<br />by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become
<br />rn otherwise unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in
<br />connection with any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then
<br />.iC this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given.
<br />C'9 REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />y line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of
<br />the Credit Agreement. Such advances may be made. repaid. and remade from time to time. subject to the limitation
<br />that 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into
<br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti- deficiency"
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
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