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<br />WHEIV RECQR�ED MAIL T0:
<br />GREAT WESTERN BANK
<br />Grand Island - Webb Rd �� �, .' v
<br />700 N Web6 Rd f'D •�'�X S�l� ""
<br />Grand Island NE 68�803 �' ��- D FOR R�CO RDER'S U5E ONLY
<br />MAXIMUM LIEN. The lien of this Deed of 7rust shall not exceed at any one time 545,000.00.
<br />THIS DEED OF 7RUST is dated Decem�er 3'I, 2010, among Tommy L Ummel Sr, a/k/a 7om Ummel, Sr., a
<br />single person ("Trustor"►; GR�AT WESTERN BANK, whose address is Grand Island - Webb Rd, 700 N Webb
<br />Rd, Grand Island, NE 68803 (referred to below sometimes as "Lvnder" and sometimes as ""Beneficiary"); and
<br />GREA7 WEST�RN BANK, whose address is PO B�X �070, OMAHA, NE 68104-0070 (referred to below as
<br />„ Trustee" 1.
<br />CONVEYANCE ANI7 GRANT. For valuable consideration, Trustnr conveys to Trustee in trust, WITM 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 rightsl; and all other rights, royalties, and prpfits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters (the ° Real Prop9r#y IOCated in Mall
<br />County, State of Nebraska:
<br />Parcel 1: Lot One (9 ) and 7wo (21, West's Second Subdivision, in the City of Grand Island, Wall County,
<br />Nebraska.
<br />Parcel 2: The Southerly 37.9 feet af Lot �ight (8?, in �Inck Two (2), West's Subdivision, in
<br />the City of Grand Island, Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 2497 W Old Lincoln Hwy & 2423 W Old Lincoln Hwy,
<br />Grand Island, NE 68803.
<br />CROSS-COLLATERALIZATIpN. In addition to the Note, this Deed af Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or 8orrawer to l.ender, or any one or more vf 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, whethar related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct ar indirect, determined or undetermined, absalute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarentor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter mey become barr�d by any statute of
<br />limitations, and whether the obligation to repay such amounts may ba or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of 7rust secures all future advances mad� by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitmant. Specifically, without limitation, this Deed of Trust secures, in additian
<br />ta the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />therean; however, in no event shall such future advances (excluding interest) exceed in the aggregate 545,0�0.00.
<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 ta all
<br />present and future leases of the Property and ell Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Prpperty and Rents.
<br />THIS DEED OF 7RU57, INCLUPING THE ASSIGNMENT Q� R�NTS AND THE SECURITY INTERES7 IN 7HE R�NTS AND PERSQN/aL
<br />PRpPERTY, IS GIVEN 70 SECURE (A) PAYMENT QF THE INDE87�DN�SS AND (B) PERFORMANCE OF ANY ANp AI.L OBLIGATIONS
<br />UNnER THE NOTE, THE RELATED DOCUMEN7S, AND TH15 DEED OF TRUS7. THIS DE�p OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRES�NTATIONS AND WARRANTIES. 7rustor warrants thet: (a) this beed of Trust is executed et Borrower's request and
<br />not at the request af Lender; (b) Trustor has the full ppwer, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Praperty; (c) the provisions of this peed of TrusC 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, cqurt decree or order applicable to 7rustor; (d) Trustor has
<br />established �dequate means of obtaining frpm Borrower on a cbntinuing basis information about Borrowar's financial condition; and (a)
<br />Lender has made no representation to Trustor about Barrower (including withaut limitation the creditworthiness af Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" br '"anti-deficiency" law, nr any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency tb the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise af a power of sale.
<br />PEIYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured 6y this Deed of Trust as it becnmes due, and 8orrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />f'OSSESSIpN AND MAINTENANCE OF 7HE PRQPERTY. 8orrower and 7rustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall 6e governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of tha Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
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