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<br />WHEN RECORDED IM�tt'TO"��" �
<br />�enk of Clarks
<br />�mers State Bank, A Branch of Bank of Clarks
<br />2wd & Vine Street 3�,��
<br />' �O. 8ox 2�6
<br />�,uer Creek, NE 68663-0246 •fOR RE�ORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5500,000.00.
<br />THIS DEED OF TRUST is dated November 3, 2010, among Donald D. Mehring, whose address is 3028 College
<br />Street, G�and Island, NE 68803 and Marilyn J. Mehring, whose address is 3028 College Street, Grand Island,
<br />NE 68803; husband and wife as joint debtors ("Trustor"1; Bank of Clarks, whose address is Farmers State
<br />Bank, A Branch of Bank of Clarks, 2nd & Vine Street, P. 0. Box 246, Silver Creek, NE 68663-0246 (referred
<br />to below sometimes as "Lender", and sometimes. as "Beneficiary"); and Bank of Clarks, whose address is 301 •
<br />N. Green, P.O. Box 125, Clarks, NE 68628-0125 ireferred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WFTH 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 propecty, together with all existing or
<br />subsequently erected or affixed buildings, +mprovements 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 IOCBted in Hall
<br />County, State of Nebraska:
<br />Lot Twenty B(20B) in Block One (1), Ponderosa Lake Estates Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Property or its address is commonly known as 102 Ponderosa Drive, Grand Island, NE 68803.
<br />CROSS-COLIATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and iiabitities, pius 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 or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined o� 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. If the Lender is
<br />required to give notice of the right to cancel under Truth in Lending in connection with any additional loans, extensions of credit and other
<br />liabilities or obligations 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 fufure advances made by'Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limifation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all #uture amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate S500,000.00.
<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 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 />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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<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 abuut Borrower (including without limitation the creditworthiness of Borrowerl.
<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
<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 of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of DefauVt, Trustor may (1) remain in possession and controf of the 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.
<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, disposal, release or threatened release of any
<br />Hazardous Substance 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 as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any
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