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7v <br />rn <br />-n <br />n c <br />z <br />mrlo <br />WHEN RECORDED MAIL TO: <br />NebraskaLand Bank <br />/ Keamey Branch On 6v- j <br />V 4615 Second Avenue 1 V <br />Kearney. NE 68848 <br />crt <br />co <br />co <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 19, 2022, among Wendell R. Dubbs and Sally J. Dubbs, <br />not personally but as Trustees on behalf of Wendell R. Dubbs Revocable Living Trust, dated <br />June 20, 2012, whose address is 5907 6th Ave, Kearney, NE 68845; and Sally J. Dubbs and <br />Wendell R. Dubbs, not personally but as Trustees on behalf of Sally J. Dubbs Revocable Living <br />Trust, dated June 20, 2012, whose address is 5907 6th Ave, Kearney, NE 68845 ("Trustor"); <br />NebraskaLand Bank, whose address is Kearney Branch, 4615 Second Avenue, Kearney, NE <br />68847 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />NebraskaLand Bank, whose address is P.O. Box 829 1400 South Dewey, North Platte, NE <br />69103 (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 relatingto the real property, includingwithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real roperty") located in Hall ounty, <br />State of Nebraska: <br />THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE'/4SE'/4); AND THE WEST <br />HALF OF THE SOUTHEAST QUARTER (W1/2SE1/4) OF SECTION THREE (3) TOWNSHIP TEN <br />(10) NORTH, RANGE TWELVE (12), WEST OF THE 6TH P.M., IN HALL COUNTY, <br />NEBRASKA, SUBJECT TO EASEMENTS, RESERVATIONS AND PUBLIC ROADS EITHER <br />APPARENT OR OF RECORD, AND BEING 120 ACRES MORE OR LESS <br />The Real Property or its address is commonly known as Rural Hall County, Wood River, NE <br />68883. The Real Property tax identification number is 400223597. <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 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. Trustor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" <br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />to <br />