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WHEN RECORDED MAIL TO: <br />Heritage Bank <br />Grand Island <br />1333 N Webb Rd <br />Grand Island. NE 68803 <br />202208688 <br />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 $415,000.00. <br />THIS DEED OF TRUST is dated December 16, 2022, among JACOB E BYERLY, and EMILY ANN <br />BYERLY Husband and Wife, whose address is 4838 ST PAUL RD, GRAND ISLAND, NE <br />688010000 ("Trustor"); Heritage Bank, whose address is Grand Island, 1333 N Webb Rd, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Heritage Bank, whose address is PO Box 329, Aurora, NE 68818 (referred <br />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 North Half of the Northeast Quarter (N1/2NE1/4) of Section Twenty -Eight (28), <br />Township Twelve (12) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed <br />of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan <br />to Borrower, 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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />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 />