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m <br />G <br />Z <br />'fin <br />ms1 Aft <br />0) <br />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 />ems, <br />C.n <br />r <br />- a <br />CO <br />CC) <br />C, <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 28, 2014, among GERALD P CARKOSKI and SUZANNE <br />R CARKOSKI, Husband and Wife ( "Trustor "); Exchange Bank, whose address is Allen Drive <br />Branch, 1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below sometimes <br />as "Lender" and sometimes as "Beneficiary "); and Exchange Bank, whose address is PO Box <br />397, Kearney, NE 68848 (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 o 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 />A TRACT OF LAND COMPRISING A PART OF LOT FOUR (4) ISLAND, SECTION ELEVEN <br />(11) AND LOT ONE (1) MAINLAND, SECTION ELEVEN (11), TOWNSHIP TEN (10) NORTH, <br />RANGE TEN (10) WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER <br />CORNER OF ISLAND SECTION 11, TOWNSHIP 10 NORTH, RANGE 10 WEST; THENCE N <br />0° 23' 00" E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION <br />11, A DISTANCE OF ONE THOUSAND ONE HUNDRED TWENTY AND SEVENTY FOUR <br />HUNDREDTHS (1120.74) FEET TO THE POINT OF BEGINNING; THENCE CONTINUING N <br />0° 23' 00" E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION <br />11 A DISTANCE OF SIX HUNDRED FORTY SIX AND EIGHTY TWO HUNDREDTHS (646.82) <br />FEET; THENCE S 89° 37' 00" E A DISTANCE OF EIGHT HUNDRED SEVENTY FIVE AND <br />SEVENTY FIVE HUNDREDTHS (875.75) FEET; THENCE S 0° 23' 00" W A DISTANCE OF <br />SIX HUNDRED FORTY SIX AND EIGHTY TWO HUNDREDTHS (646.82) FEET THENCE N <br />89° 37' 00" W A DISTANCE OF EIGHT HUNDRED SEVENTY FIVE AND SEVENTY FIVE <br />HUNDREDTHS (875.75) FEET TO THE POINT OF BEGINNING EXCEPTING THEREFROM A <br />CERTAIN TRACT OF GROUND MORE PARTICULARLY DESCRIBED IN THE WARRANTY <br />DEED RECORDED AS DOCUMENT NO. 78- 007607 IN THE OFFICE OF THE REGISTER OF <br />DEEDS, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 5181 S ENGLEMAN RD, GRAND <br />ISLAND, NE 68803. The Real Property tax identification number is 400217147. <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 />