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<br /> WHEN RECORDED MAIL TO:
<br /> Bank of Clarks
<br /> Farmers S ate Bank,A Branch of Bank of Clarks U
<br /> 2nd&Vie Street O
<br /> P.0.Box 246
<br /> Silver/Creek, NE 68663-0246 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $75,000.00.
<br /> THIS DEED OF TRUST is dated June 13, 2018, among Jon W. Fitchhorn, husband and wife as
<br /> joint debtors, whose address is 4420 W. 13th, Grand Island, NE 68803 and Kelly S. Fitchhorn,
<br /> husband and wife as joint debtors, whose address is 4420 W. 13th, Grand Island, NE 68803
<br /> ("Trustor"); Bank of Clarks, whose address is Farmers State Bank, A Branch of Bank of Clarks,
<br /> 2nd & Vine Street, P. O. Box 246, Silver Creek, NE 68663-0246 (referred to below sometimes
<br /> as "Lender" and sometimes as "Beneficiary"); and Bank of Clarks, whose address is 301 N.
<br /> Green, P.O. Box 125, Clarks, NE 68628-0125 (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 to the real property, including without
<br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County,
<br /> State of Nebraska:
<br /> Lot Eleven (11), Block Four (4), Dale Roush Second Subdivision in the City of Grand Island,
<br /> Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 217 Arapahoe Avenue, Grand Island,
<br /> NE 68803.
<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; however, in no event shall such future advances (excluding interest) exceed
<br /> in the aggregate $75,000.00.
<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 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 /> 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 /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
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