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WHEN RECORDED MAIL TO: <br />CITIZENS BANK & TRUST COMPANY <br />ST PAUL BRANCH <br />ciA 721 7TH ST <br />PO BOX 385 <br />ST PAUL, NE 68873 <br />A <br />z <br />n t" • •' <br />X S <br />THIS DEED OF TRUST is dated March 21, <br />ESPELAND; husband and wife ( "Trustor "); <br />address is ST PAUL BRANCH, 721 7TH ST , <br />below sometimes as "Lender" and sometimes <br />COMPANY, whose address is 721 7TH ST - <br />below as "Trustee "). <br />= 1s <br />171 1/411 <br />el X <br />a <br />DEED OF TRUST <br />CD. <br />FOR RECORDER'S USE ONLY <br />2017, among KEITH P ESPELAND and JODI A <br />CITIZENS BANK & TRUST COMPANY, whose <br />PO BOX 385, ST PAUL, NE 68873 (referred to <br />as "Beneficiary "); and CITIZENS BANK & TRUST <br />PO BOX 385, ST PAUL, NE 68873 (referred to <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 " Property ") located in HALL <br />County, State of Nebraska: <br />Lot One (1), J Clark Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1710 S HARRISON, GRAND ISLAND, <br />NE 68803. <br />CROSS - COLLATERALIZATION. In addition to the Guaranty, this Deed of Trust secures all obligations, debts and <br />liabilities, plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all <br />claims by Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, <br />whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct <br />or 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. If the Lender is required to give notice of the right to cancel under Truth in Lending in Connection with <br />any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust <br />shall not secure additional loans or obligations unless and until such notice is given. <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 IA) PERFORMANCE OF A GUARANTY FROM TRUSTOR TO LENDER, <br />AND DOES NOT DIRECTLY SECURE THE OBLIGATIONS DUE LENDER UNDER THE NOTE, (B) PAYMENT OF THE <br />INDEBTEDNESS AND (C) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS <br />DEED OF 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 />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. This Deed of Trust secures a guaranty and does not directly secure the Indebtedness due <br />Lender under the Note. Trustor waives any and all rights and defenses based on suretyship or impairment of collateral <br />including, but not limited to, any rights or defenses arising by reason of (a) any "one- action" or "anti- deficiency" law, <br />or any other law that may prevent Lender from bringing any action or claim for deficiency against Borrower, (b) any <br />election of remedies by Lender which may limit Trustor's rights to proceed against any party indebted under the Note, <br />or (c) any disability or defense of any party indebted under the Note, any other guarantor or any other person by reason <br />of cessation of the Indebtedness due under the Note for any reason other than full payment of the Note. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall strictly perform all <br />of Trustor's obligations under the Guaranty and under this Deed of Trust. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Lender and Trustor agree that Borrower's and Trustor's <br />possession and use of the 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 />