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<br />WHEN RECORDED MAIL TO: �
<br />ExchBnge Bank � � I�
<br />P.O. Box 780 �
<br />#'14 LaBarre
<br />;
<br />NE 68840 FOR RECORDER'S USE ONLY l .F
<br />IM���NI����:Z�I+`��
<br />THIS DEED OF TRUST is dated October 12, 2Q1Q, amang David J Wetherilt, A Single Person ("Trustor"1;
<br />Exchange Bank, whuse address is P,O. Box 760, #74 LaBarre, Gibbon, NE 68840 (referred to hel�w
<br />sometimes as "Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whase address is P.O. Box
<br />5793, Grand Island, NE B88Q2 (referred to below as "Trustee"1.
<br />CbNVEYANCE AND GRANT. For valuabla consideration, 7rustor convays to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trus[or's right, title, and interest in and to the fqllowing described real property, together with all existing or
<br />subsequently erected or affixed buiidings, 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 rightsl; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, gaothermal and similar matters, (the " Real Property IoCated in Hall
<br />County, State of Nebraska:
<br />Lat Two (�), in Fractional Block Eighteen (781, in Ashtan Place, an Addition to the City of Grand Island, Mall
<br />County, Nebraska.
<br />The Real Property ar its address is commonly known as 2607 W Charles, Grand Island, NE 6$$p3.
<br />CROSS-GOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims 6y Lender against T'rustor or any onv or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary qr atherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whBther 7rustor
<br />may be liahle individually or jointly with others, whsthsr qbligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limi#a#ions, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<br />FU7URE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts
<br />specified in the Note, all future �mounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed vf 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 Prpperty. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DE�D OF TRUST, INGWDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE REN75 AND PERSONAL
<br />PR�PERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND �B) PERFORMANCE OF ANY AND pLL OBLIGA710NS
<br />UNbER TH� NOTE, THE RELATED DOCUMENTS, AND THIS bEEb pF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLUWING TERMS:
<br />PAYMENT ANb P�RFpRMANCE. �xcept as otherwise provided in this beed of Trust, Trustor shall pay to Lender all amounts secured by
<br />this peed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's nbligations under tha Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANC� OF THE PROPERTY. Trustor agreas that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Un#il the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Prpperty; and 13) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenan#able cnndition and promptly perform all repairs, replacements, and
<br />maintenanca necessary to preserve its value.
<br />Compli�nca With Environmental Laws. Trustor represents and wsrrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacturs, storage, treatment, disposal, release or threatened release of any
<br />Hazardaus Su6s#ance by any person on, under, about or from the f'roperty; (2) Trustor has no knowledge of, or reason ,to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustar nvr any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispase of or release any Hazardous Substance on, under, about or frpm the Prpperty;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />ordinances, including withvut limitetivn all �nvironmental Laws. Trustor authorizes Lander and its agents to enter upon the Property
<br />to make such inspections and tests, at Trustvr's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections ar tasts made by Lender shall be for Lender's purposes only and shall nat be
<br />construed to create any responsibility or liability pn the part of Lender to Trustor or to any other person. The repressntations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous 5ubstances. Trustor
<br />hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />hreach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release occurring prior to 7rustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this sectivn of the peed of Trust, including the obligation to indemnify and defend, shall
<br />survive the peyment of the Indebtedness and ihe satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition ot any interest in the Property, whether by foreclasure or otherwise.
<br />���1
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