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1Db211Sgv TO <br />REFUNDS: <br />CASH <br />CHECK <br />HALL CU <br />(NST 7D73 0 1 3 3'0 1GZ3 Nn 2: 51 <br />KRIST <br />REGISTER OF DEED <br />WHEN RECORDED MAIL TO: <br />Heritage Bank <br />Grand Island <br />1333 N Webb Rd <br />Grand Island. NE 68803 <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 5, 2022, among Jack A. Luth and Janice A. Luth, <br />Co -Trustees of Jack A. and Janice A. Luth Trust under the provisions of a trust agreement, <br />whose address Is 2016 N HOWARD AV, GRAND ISLAND, NE 688031947 ("Trustor"); <br />Heritage Bank, whose address is Grand island, 1333 N Webb Rd, Grand Island, NE 68803 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Heritage Bank, <br />whose address is PO Box 329, Aurora, NE 68818 (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, androfits 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 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 <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 />1 <br />