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WHEN RECORDED MAIL TO: <br />GREAT WESTERN BANK <br />Grand Island • Webb Rd <br />700 N Webb Rd <br />Grand Island. NE 68803 <br />i <br />i <br />i <br />i <br />Ai <br />i <br />R9 <br />r71 <br />'71 <br />z <br />rt Q <br />n <br />7: _ <br />11 <br />1111 <br />i <br />r . rr-7 ^ <br />—10 ryi <br />W1 p -C 0 <br />.7.-',1 i CC) c 1 <br />en r Z <br />rrl r - xi <br />i <br />i <br />'II W G") <br />lv <br />vl (1) <br />(!) <br />FOR RECORDER'S USE ONLY <br />i <br />1111 <br />i <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated September 8, 2014, among Tommy L Ummel Sr. also known as <br />Tom Ummel Sr., a single person, whose address is 567 S. Shady Bend Rd, Grand Island, NE <br />68801 -8523 ('Trustor"); GREAT WESTERN BANK, whose address is Grand Island - Webb Rd, <br />700 N Webb Rd, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Great Western Bank, whose address is 700 N Webb Rd, <br />Grand Island, NE 68803 (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 jprofits relating to the real property, including ithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P roperty ") located in Hall C ounty, <br />State of Nebraska: <br />The Northerly Sixty Seven and Eight Tenths (67.8) Feet of Lot Ten (10), Block Forty Two <br />(42), Russel Wheeler's Addition to the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as. 1112 N Locust St., Grand Island, NE <br />68801 -3853. The Real Property tax identification number is 400 122 812. <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 govemed 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 tenantable condition and promptly perform all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />