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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 />m <br />TI <br />C <br />z <br />m y <br />= <br />FOR RECORDER'S USE ONLY Z O <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 1, 2014, among RODERICK W RIEKE , A Single Person <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 5793, Grand Island, NE 68802 <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 C ounty, <br />State of Nebraska: <br />A part of the NE1 /4 of Section 21, Township 11 North, Range 9 West of the 6th P.M., Hall <br />County, Nebraska, and more particularly described as follows: Commencing at a point 33 <br />feet West of the center line of South Locust in the City of Grand Island, Nebraska, and 60 <br />feet South of the Southeast Corner of Lot 9, Block 2, of the First Artistic Homes Addition to <br />the City of Grand Island, Nebraska, to the point of beginning; thence running West on the <br />South line of Anderson Avenue in said Addition and City for a distance of 148 feet; thence <br />running South at right angles with said Anderson Avenue for a distance of 50 feet; thence <br />running East parallel with and 50 feet from said Anderson Avenue for a distance of 148 feet <br />to the West line of said South Locust Street; thence North on the West line of said South <br />Locust Street for a distance of 50 feet to the point of beginning; excepting a certain tract <br />recorded in Book 164, Page 143 <br />The Real Property or its address is commonly known as 1004 S Locust St., Grand Island, NE <br />68801. <br />CROSS - COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />Trustor, together with all interest thereon. <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 />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING 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 Note, 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 />