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CASH <br />CHECK t o y -6v <br />REFUNDS: <br />CASH <br />® <br />� CHECK <br />I RECORDED <br />0 "'HALL COUNTY NE <br />INST :.meq OHO U ;I S ZIA JAN 29 A 9: 32 <br />KRIS T I WOLD <br />...� REGISTER OF DEEDS <br />,ok-) <br />WHEN RECORDED MAIL TO: <br />Heritage Bank ))4 1, 52 <br />W d RI r �✓C) /�tJ / cTo r� <br />110 th St ° bi �Q -65a7 <br />Wo R r. NE 68883 T "� / <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 $197,758.07. <br />THIS DEED OF TRUST is dated December 26, 2023, among Jonathan Miller and Melissa Miller, <br />Husband and Wife, Whose address is 9505 State Highway 11, Wood River, Nebraska <br />("Trustor"); Heritage Bank, whose address is Wood River, 110 E 9th St, Wood River, NE <br />68883 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Heritage Bank, whose address is 1101 12th Street, Aurora, NE 68818 (referred to below as <br />"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 />Lot One (1), Skeen Subdivision, Hall County, Nebraska <br />The Real Property or its address is commonly known as Wood River, NE. <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 />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 />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br />