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<br />INST 1013 OS 1 09
<br />WHEN RECORDED MAIL TO:
<br />Heritage Bank 3^
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<br />REFUNDS:
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<br />RECORDED
<br />HALL COUNTY NE
<br />1013 SEP 29 AID44
<br />KRISTI WQLD
<br />REGISTER OF DEEDS
<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 $300,000.00.
<br />THIS DEED OF TRUST is dated September 11, 2023, among Melvin G. Legg and Patricia J.
<br />Legg, Trustees of The Legg Living Trust dated November 27, 2013 , whose address is 8637 S
<br />Locust, Doniphan, NE 68832 ("Trustor"); Heritage Bank, whose address is Hastings -
<br />Mortgage, PO Box 349, Hastings, NE 68901 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and Heritage Bank, whose address is 1101 12th Street, Aurora,
<br />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, 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 ONE (1), FLOYD ACRES THIRD SUBDIVISION, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 8637 S Locust, Doniphan, NE 68832.
<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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br />PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT
<br />CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY
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