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<br />WHEN RECORDED MAIL TO: ti
<br />Exchange Bank .~.~~~ s©
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon, NE 68840 _ _FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />TWIS DEED OF TRUST is dated August 6, 2010, among Phillip A Beckett II and Heidi J Beckett, Husband and
<br />Wife as Joint Tenon#s ("Trustor"1; Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whose
<br />address is P.O. Box 5793, Grand Island, NE 6$802 (referred to below as "Trustee"1.
<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 yr irrigation rightsl; 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 />A tract of land comprising a part of the East Half of the Southeast Quarter of the Southwest Quarter (E1/2
<br />SE7/4 SW1/41 of Section Twenty-Three (231, Township Eleven (11) North, Range Nine (9) West of the 6th
<br />P.M., Hall County, Nebraska, and more particularly described as follows:
<br />Beginning at a point on the sou#h line of said East Half of the Southeast Quarter of the Southwest Quarter
<br />(S1/2 SE1/4 SW1/4); said paint being One Hundred Ninety-Five and Forty-Five Hundredths (195.45) feet
<br />west of the southeast corner of said Southwest Quarter (SW1/4); thence S 90 00'00" W (assumed
<br />bearing) along and upon the south line of said East Half of the Southeast Ouarter of the Southwest Quarter
<br />(E1/2 SE1/4 SW1/41 a distance of Thirty (30.00) feet; thence N 00 46'39" W, a distance of Five Hundred
<br />(500.0) feet; thence N 89 56'17" W, a distance of Four Hundred Thirty-Five and Seventy-One Hundredths
<br />(435.71) feet to a point on the westerly line of said East Half of the Southeast Quarter of the Southwest
<br />Quarter (E1/2 SE1/4 SW1/41; thence N 00 48'57" W, along and upon the west line of said East Half of the
<br />Southeast Quarter of the Southwest Quarter (E1/2 SE1/4 SW1/41, a distance of Seven Hundred Ninety-Five
<br />and Twenty-Three Hundredths (795.23) feet to the Northwest corner of said East Half of the Southeast
<br />Quarter of the Southwest Quarter (E1/2 SE1/4 SW1/41, thence N $9 10'49" E along and upon the north
<br />line of said East Half of the Southeast Quarter of the Southwest Quarter (E1/2 SE1/4 SW1/41, a distance of
<br />Five Hundred Twenty-Six and Seventy-Seven Hundredths (526.77) feet; thence S 00 48'57" E, a distance
<br />of Eight Hundred Three and Thirty-Four Hundredths (803.34) feet; #hence N 89 56' 17" W, a distance of
<br />Sixty-One and Twelve Hundredths (67.12) feet; thence S 00 46'39" E, a distance of Five Hundred (500.0)
<br />feet to the point of beginning.
<br />The Real Property or its address is commonly known as 2110E 5tolley Park Road, Grand Island, NE 68807.
<br />CROSS-COLLATERALIZATION. In addition tc the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related nr unrelated to the purpose of fhe 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 tv repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is
<br />required to give notice of the right to cancel under Truth in Lending in connection with any additional Inans, extensions of credit and other
<br />liabilities or obligatinns of Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such
<br />notice is given.
<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 8orrnwer or Trustor, together with all interest
<br />thereon.
<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 />Cade 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 PERSONAL
<br />PpOPERTY, IS GIVEN TO SECURE IAl PAYMENT OF THE INDEBTEDNESS AND IBI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lel 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; Id1 Trustor has
<br />established adequate means of obtaining from Borrower nn a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made nv representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
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