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<br /> Pi 10 n ("1. <br /> m ~~CJ <br /> - ~ <br /> ~t c:: n:r <br /> ~~ Z ,.. <br />N 0 U\ <br /><Sl II ~ <br /><Sl n(,f) <br />Q) ,..;;:1: <br />0 <br /><Sl "'J <br />ex> <br />....... <br />....... ~ <br /> <br />", <br />f'"~:,~:.\. <br />~...\ "- <br />r:; t . <br />C) ?": <br />(.:.') .<'~~ <br />-OTl ' <br /> <br />"""1 <br />rt"'J <br />CD <br /> <br />,~ <br /> <br />j.....f <br />\,,"07'.:, <br />~, ' <br />t <br />o <br />('- <br /> <br />c;") <br />rrj <br />l'j"l <br />o <br />en <br /> <br />u <br />::3 <br /> <br />C..:> <br />N <br />--..J <br /> <br />WHEN RECORDED MAIL TO: <br />Great Western Bank <br />Hamburg <br />1020 Main Street <br />PO Box 9 <br />Hamburq,lA 51640 <br /> <br />~:~:'~~~~ <br />...~"':') <br /><".'"::1 <br /> <br />o en <br />C) --l <br />c= }> <br />Z ~ <br />--l rTI <br />-< ,-) <br />C) 1'~ <br />-,., 2: <br /> <br />c::l <br />rv <br />o <br />C) <br />CO <br />C) <br />o <br />CO <br />......... <br />....... <br /> <br />m <br />z <br />--i <br />m <br />:tJ <br />1T1 <br />o <br />);:.0 <br />(f) <br /> <br />...., ! r: <br />:!">- C'--:~ <br />r' :;.tJ <br />r- :to.. <br />(I) <br />;;.;; <br />1> <br />'---" "-' <br /> <br />(I) <br />(I) <br /> <br />z <br />(J) <br />-,I <br />:D <br />S;; <br />~5- <br />rn <br />z <br />~ <br />:z.: <br />o <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />\~\ <br /> <br />- <br /> <br />=" <br />c; <SI <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $55,000.00. <br /> <br />THIS DEED OF TRUST is dated January 25, 2008, among Marlin C. Quaring and Marlin C. Quaring, <br />Guardian/Conservator for Lucille K. Quaring, an incapacitated and protected person ("Trustor"); Great Western <br />Bank, whose address is Hamburg, 1020 Main Street, PO Box 9, Hamburg, IA 51640 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Thomas Ashby, whose address is 1500 <br />Woodman Tower, Omaha, NE 68102 (referred to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />lender as Beneficiary, all of Trustor's right. title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall <br />County, State of Nebraska: <br /> <br />See Exhibit 'A', which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set <br />forth herein. <br /> <br />CROSS-COLLA TERALlZA TION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor <br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition <br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest <br />thereon. <br /> <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property, In addition, Trustor grants to lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br /> <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOllOWING TERMS: <br /> <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />