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<br />WH�N RECORDED MAIL TO:
<br />Exchange 8ank
<br />P.U. Box 760
<br />#14 LaBarre
<br />Gibbon NE 68840 FOR REC PER'S USE ONLY
<br />DE�D OF TRUST �
<br />��
<br />THIS DEED OF TRUST is dated November 17, 201Q, among David J Wetherilt, A Single Person ("'Trustor"); � G
<br />Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to helow
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Exchange Bank, whose address is P.O. Box
<br />5793, Grand island, NE 68802 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys ta Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Benaficiary, all of Trustor's right, title, and interest in and to the fallowing described real proper[y, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenences; all water, water
<br />righis and ditch rights (including stock in utilities with ditch or irrigation rights►; and all other righ#s, royalties, and profits relating tn the real
<br />property, including without limitation all minerals, pil, gas, geothermal and similar matters, (thB �� Real Property IOCBtBd in Hall
<br />County, Sta#e of Nebraska:
<br />l.ot Seven (7), in Block Thirty Seven (�7), in Charles Wasmer's Addition #a #he City of Grand Island, Hall
<br />County, Nabraska.
<br />7he Real Property or its address is commonly known as 1418 W John Street, Grand Island, NE 68801.
<br />CROSS-COLLATERALIZATIpN. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interes#
<br />thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender agains# 7rustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined, absolute nr contingent, liquidated or unliquidated, whether Trustor
<br />may Be Iiable individually or jointly with others, whether obligated 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 limitations, and whether the o6ligation to repay
<br />such amounts may be or hereafter may become otherwise unsnforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trus[ secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without Iimitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discreiion may loan to Trustor, togeiher with all interest therenn.
<br />Trustpr 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 snd future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lendar a Uniform Commercial
<br />Code security interest in ihe Personal Property and Rents.
<br />THIS DEEp OF TRUST, INCLUDING TME ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSQNAL
<br />PR�PERTY, IS 61VEN T� SECURE (A) PAYMEN7 QF THE INDEBTEDNESS ANb (B) PERFORMANCE OF ANY AND ALL pBLIGATIONS
<br />UNDER THE NOTE, 7HE RELATED DOCUM�NTS, AND THIS DEED OF TRUS'f. THIS DEE� OF TRUST IS GIVEN AND ACCEPTED QN THE
<br />FOLLOWING TERMS:
<br />PAYMENT ANp pERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall psy to Lender all amounts secured by
<br />this Deed qf 7rust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF 7HE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following pravisions:
<br />Possession and Use. Until ths occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Main#,�in. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposel, releasa vr threatened release of any
<br />Hazardous 5ubstance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except es previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
<br />�nvironmental Laws, (b) any use, generatian, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Proper#y 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 ta and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about ar from the Property;
<br />and (b) any such activity shell be cpnducted in compliance with all appliceble federal, state, and local laws, regulatiqns and
<br />ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the, F'roperty
<br />to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall npt be
<br />construed to create any responsibility or lia6ility on the part nf Lender to Trustor or tn any other person, The representations and
<br />warranties contained herein are based on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any future ctaims against Lender for indemnity or contri6ution in tha 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 direc#ly or indirectly sustain or suffer resulting from a
<br />bresch of this section of the Deed of Trust or as a consequence of any use, generation, menufacture, storage, disposal, release or
<br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to 7rustor. The provisions of this section af the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of [he Indebtedness and [he satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisitiqn af any interest in the Property, whether by foreclosure or otherwise.
<br />�,
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