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rn m � � � rnm � y rn o �� rn � rn �, �o rn � � o o �z � � z� � � � �� z � � � z� �' � �rn � z �� o � �ov � cn �� rn �� rn� � � =c�r� � � �o � � � � cr� r� �� .�.� rn o� � � � � �' z 0 INHEN REC�RDED MA�L T�: �xc#�snge aank Gi-Al�en Dri�e Branch 'I 2�4 Alisn Dr P�Bvx 5793 Gr�nd�sland. NE f88�2 FQR REC�RDEfi'S USE DIVLY ._,�—_,.�...,,...�_.. ,�-...�.,�. � �.,,....� ,_._.�. C�NSTRU�TI�N DEED �F TRUST THIS DEED �F TRLJST �5 A C�NSTRVCTf�]N SECURITY AGREEMENT INITHIN THE IVIEANIN� �F THE NEBRASI[A C�NSTRUCT��N LlE1V ACT TH15 DEED [)F TRUST is dated March 14, 2�1 S. among J��HUA R RH�ADS and ASHLEY K RH�ADS. Husband and Wife �"Trustor"j; Exchange 8ank, whvse address is GI - Al�en Dri�� Branch. '12�4 Ailen Dr. P� B�x 5793. Grand Island. NE �88�� t�eferred ta below somet�mes as "Lender" and sometimes as "Benef�ciary"y; and Ex�hange Bank, whose �ddress is P�B 75�, Gibbvn. NE �884� treferred to be�ow as "Trustse"�. C�NVEYANCE AND GRANT. Fvr �aluable �onsidera#ion, Trustor cvn�eys to Trustee in trus#, VIIITH PQWER �F SALE, far the bene#it of Lender as Beneficiary. all of Trust�r's right, titie, and interest in and tv the #ollowing described real prvperty, together with all existing or subs�quently erect�d or affixed buitdings, impro�ements and �ixtures; all easements, rights of way, and appurtenances; all water� wa#er rights and ditch rights �including stock in 11t1I1�1�5 Wftll dit�#� o� i�r�gatian rightsj; and a�! athe; rights, �vyalti�s. and p�vfits r�lating tfl th� �eal property. including without �imitativn all m�n�rals, oil, gas, geothermal and similar matters, �the '�Real Property"f Ivcated �n Hall Caunty, State of Nebraska: Lot Four �4j, Westw�ad Park Twelfth Subdiyisivn, in the City of Grand Island, Hall C�unty, Nebr�ska Ths Real Property �r its address i� camm�nly kn�wn as �14 Wsstwood �ir�le, �rand Island, NE 688�'1. CR�SS-C�LLATERALIZATl�N. I n additian to ths Note� this Deed af Trust sscures all vbfigations, debts and liabilities, plus inter�st thereon, of either Trustor or Sarrawer to Lender, ar any one or more of them. as well as a�l claims by Lender against Svrrower and Trustor or any ❑ne or more of them, whether now existing or hereafter arising. whsther related or unrelated to the purpose ❑f the Note. whether Uolun�ary ar otherwise, whether due or nvt due. d�rect or indirect, determined �r unde#ermined. ahsalute or contingent� liqu+dated ❑r un�iquidated, whether Barrower �r Trustor may be ��a�le indi�idually ar jaintly with vthers� wheth�r vbfigated as guarantor, surety, accommvd�tion perty or otherwise, and whether re�o�ery upon such amvunts may be vr hereafter may be�ome bacred by any statute o� limitations. and wheth�r the ohliga�ion to repay such amvunts may be ar hereafter may become vtherwise unenfvrceak�le. I#the Lender is r�quired t� gi�e nvtice of the right ta cancel under Truth in Lending in connection with any additional Ioans. extensions of credit and❑ther liabilities vr vbligativns o#Trustor to Lender, then this Deed of Trus� shall not se�ure additional I�ans or❑bligations unless and until such notice is gi�en. FUTURE ADVAN�ES. I n addition t❑ the Note, this �]eed ❑f Trust seGur�s a!l future ad�ances made by Lender t❑ gvrrower vr Trustor whether or nat the ad�ances are made pursuant ta a cvmmitment. Specifically, without limitation, this Deed of Trust secures� in addition ta the amaunts speci#ied in the Note, all future amounts Lender in tts discretivn may Ivan t❑Bvrrvwer or Trus�or, tog�ther with ail interest thereon. Trustar presently assigns to Lender �also known as Beneficiary �n this Deed ❑� Trustf all ❑f Trustor's rtght. title, and intsrest in and to a!I present and future leases of the Prvperty and all Rents fram the Proper#y. In addition. Trustor grants ta Lender a Uniform�ommercial Code security interest in the P�rsvnal Property and Rents. TH15 DEED QF TRUST, INCLUDINC THE ASSlGNMENT�F RENTS AN[]THE 5ECUR�TY lNTEREST IN THE RENT�ANO PERSDNAL PR�PERTY, IS GIVEN T� SECURE �A� PAYMENT DF THE IN�EBTEDNESS AND �Bj PERFDRMANCE �F ANY AND ALL aBL�GATI�NS UNDER THE N�TE, THE RELATED DO�UMENTS, AND THIS DEED DF TRUST. THIS DEED QF TRUST, INCLUD�lVG THE ASSfGNMENT ❑F RENTS AND THE SE�URITY INTEREST 1N THE RENTS AND PERSt]NAL PR�PERTY, 15 ALS� GIVEN TD SECURE ANY AND ALL �F B�RR�WER'S �BLIGATI�NS UNDER THAT CERTAIN C�NSTRUCTI�N LDAN AGREEMENT BETWEEN B�RR�WER AND LENDER �F EVEN DATE HEREWlTH. ANY EVENT �F DEFAULT UIV�ER THE CDNSTRUCTIDN L�AN AGREEMENT. �R ANY �F THE RELATED D�CUMENTS REFERREO TQ THERElN, SHALL ALS�3 6E AN EVENT �F DEFAULT UNDER TH15 DEED �F TRUST. THIS C]EED �F TRUST 15 GIVEN AND ACCEPTED ON THE F�LLQWING TERMS: TRUST�R'S REPRESENTATIDNS AND VIfARRANTIES. Trustor wa�fants that: 4af this Deed vf Trust is exe�uted at 6orrower's request and not at the requ�st of Lender; �bj Trustor has the fu�l power, right. and authori#y to enter int� #his aeed v# Trust and to hypothe�ate the Property: tcy the pro�isions of this Deed vf Trust d❑ not conflict with, vr result in a default under any agreement vr ather instrumen# hinding upon Trustor and da not result in a �ialativn of any �aw, regulatian, caurt decree or order applicable to Trustor; �d) Trustor has estahlished adequate means of a�taining from Barrower ❑n a continuing basis information abQut Borrvwer's finaneiel �ondition; and �ef Lender has made n❑ representation to Trustar abvut Borrower �including wi#haut limita#ion the creditworthiness of Borrowery. TRUSTDR'S WA�VERS. Trustor wai►►es a!I rights or defenses ar�sing by reason of any "one actian" o� "anti-deficiency" iaw. vr any other law which may pre�ent Lender from bring�ng any act�on against Trustor, including a claim for