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WHEN RECORDED MAIL TO: <br />Exchange Bank <br />GI - Allen Drive Branch <br />1204 Allen Dr <br />PO Box 5793 <br />Grand Island, NE 68802 <br />1 fr) <br />— D <br />w cn <br />co Cr) <br />17) <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 12, 2014, among Donald D Mehring and Marilyn J <br />Mehring, Husband and Wife ("Trustor"); Exchange Bank, whose address is GI - Allen Drive <br />Branch, 1204 Alien 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 />5793, Grand Island, NE 68802 (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 ithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P roperty ") located in Hall County, <br />State of Nebraska: <br />A part of the Northeast Quarter of the Northeast Quarter (NE1 /4NE1/4) of Section Twenty <br />One (21), Township Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, <br />Nebraska, described as follows: Commencing at the Southwest corner of the intersection <br />of Anna and Eddy Streets, which streets are now established and in use, thence <br />Southwesterly along the South boundary of Anna Street, a distance of 164.4 feet, thence <br />Southeasterly at right angles, a distance of 140.0 feet; thence Northeasterly at right angles, <br />a distance of 164.4 feet; thence Northwesterly along the Westerly boundary of Eddy Street, <br />a distance of 140.0 feet, to the place of beginning; said tract being a rectangular tract, <br />having a frontage of 140.0 feet on Eddy Street, and a frontage of 164.4 feet on Anna <br />Street, all in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 801 W Anna 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 either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, <br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion <br />may loan to Borrower or 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT <br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY <br />EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS <br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br />TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING 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 />