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MST 2023 0 0 2 1 2 <br />WHEN RECORDED AIL TO: <br />Heritage Bank �/ <br />Grand Island <br />1333 N Webb Rd <br />Grand Island. NE 68803 <br />CASH <br />CHECK ~10 °O <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALLO,., !;'( NE <br />2023 .A1,1 j 11. 12 <br />\dte S <br />'REGISTER ( <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 $UNLIMITED. <br />THIS DEED OF TRUST is dated December 6, 2022, among Jack A. Luth, Trustee on behalf of <br />JACK A LUTH LIVING REVOCABLE TRUST, and Janice A. Luth, Trustee of JANICE A LUTH <br />LIVING REVOCABLE TRUST whose address is 2016 N HOWARD AV, GRAND ISLAND, NE <br />688031947; ("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 Trustors 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 Three (3), Block Three (3), Le Heights Second Subdivision, City of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 2313 Stardust Ln., Grand Island, NE. <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 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 />