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HEN RECORDED MAIL TO:
<br />Heritage Bank
<br />Wood River - Mortgage
<br />110E 9th St
<br />Wood River. NE 98803— &an 5
<br />FOR RECORDER'S USE ONLY
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $350,000.00.
<br />THIS DEED OF TRUST is dated October 28, 2022, among Joshua A Gartner and Katie S
<br />Gartner, Husband and Wife, whose address is 1503 West St, Wood River, NE 688830000
<br />("Trustor"); Heritage Bank, whose address is Wood River - Mortgage, 110 E 9th St, Wood
<br />River, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br />and Heritage Bank, whose address is 1101 12th Street, Aurora, NE 68818 (referred to below
<br />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 />LOT TWO (2), THELEN FIFTH SUBDIVISION, CITY OF WOOD RIVER, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or Its address is commonly known as 1515 Marshall St, Wood River, NE
<br />68883.
<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 Trustors 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
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