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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 />202301234 <br />FOR RECORDERS USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time <br />$1,500,000.00. <br />THIS DEED OF TRUST is dated March 14, 2023, among KEVIN E BYERLY & BOBBI JO <br />BYERLY, Husband and Wife, whose address is 3600 W AIRPORT RD, GRAND ISLAND, NE <br />688030000 ("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 1101 12th Street, Aurora, NE 68818 <br />(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, includingwithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall ounty, <br />State of Nebraska: <br />The South Half of the Northeast Quarter (S1/2NE1/4) and the North Half of the Southeast <br />Quarter (N1/2)SE1/4) all in Section Twenty -Eight (28), in Township Twelve (12) North, <br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, excepting therefrom Fair <br />Weather Subdivision. <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 />