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m <br />G <br />B <br />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 />u <br />i <br />q <br />i <br />II <br />N <br />II <br />n <br />m n n <br />c �2 <br />n C <br />m tn 1 <br />nT • <br />i <br />i <br />u <br />i <br />i <br />d <br />i <br />i <br />-H <br />fV <br />CJ1 <br />FOR RECORDER'S USE ONLY <br />i <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $277,000.00. <br />THIS DEED OF TRUST is dated September 14, 2018, among Jeffery L. Whitaker, and Lisa M. <br />Whitaker, HUSBAND AND WIFE, AS JOINT TENANTS, whose address is 115 Carey St., Grand <br />Island, NE 68803 ( "Trustor "); GREAT WESTERN BANK, whose address is Grand Island - Webb <br />Rd, 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 R, <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 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 TEN (10), BLOCK THIRTY SEVEN (37), PACKER & BARR'S SECOND ADDITION TO <br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND THAT PART OF <br />VACATED CLARENCE STREET MORE PARTICULARLY DESCRIBED IN ORDINANCE NO. <br />5004 RECORDED IN BOOK 21, PAGE 565. <br />The Real Property or its address is commonly known as 115 Carey Street, Grand Island, NE <br />68803. The Real Property tax identification number is 400071827. <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 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 />