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MST )2U 00541 <br />WHEN RECORDED MAIL TO: <br />H stage Ba <br />Wo d -Mortgage 8d x 3 Ua, 9 <br />11 9th 4 52q <br />00 er. / t'NE 68883 / (/� <br />CASH <br />CHECK 70 • aO <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALL COUNTY NE <br />jlgFEB -1 A1t)49 <br />KRISTI WOLD <br />REGISTER OF DEEDS <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 $415,000.00. <br />THIS DEED OF TRUST is dated January 24, 2024, among Joshua A. Gartner and Katie S. <br />Gartner, Husband and Wife, whose address is 1515 Marshall St, Wood River, NE 68883 <br />("Trustor"); Heritage Bank, whose address is Wood River - Mortgage, 110 E 9th St, Wood <br />River, NE 68883 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Heritage Bank, whose address is 1101 12th Street, Aurora, NE 68818 (referred to below <br />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; aII <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 TWO (2), THELEN FIFTH SUBDIVISION, CITY OF WOOD RIVER, HALL COUNTY, <br />NEBRASKA <br />The Real Property or its address is commonly known as 1515 Marshall St, Wood River, NE <br />68883. <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 />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 />70 � <br />