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<br />THIS EED OF TRUST is dated May 27, 2011, among David J Wetherilt, A Single Person; Dale L Wieseman
<br />and ndi Wieseman, Husband and Wife as Joint Tenants ("Trustor"); Exchange Bank, whose address is P.O.
<br />Box 0, #14 LaBarre, Gibbon, IVE 68840 (referred to below sometimes as "Lender" and sometimes as
<br />"Ben aiary"i; and Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to
<br />belo as "Trustee").
<br />CONV ANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lende s Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subse ently erected or affixed buifdings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights d ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />proper , including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Reai Property") located in Hall
<br />Cou , , State of Nebraska:
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<br />I RECORDED MA(L TO:
<br />hange Bank
<br />. Box 760
<br />E LaBarre
<br />el 7: Lots Thirty Six (36) and Thirty Seven (37), Wesfi Bel Air Fifth Subdivision to the City of Grand
<br />d, Hall County, Nebraska
<br />�! 2: Lots One ( 7) and Two (2), Block One (1), West Bel Air Second Addition to the City of Grand
<br />d, Hall County, Nebraska
<br />al 3: I.ot Two (2) and the East Seventeen (17) feet of Lot One (1), Block One (1), West Bel Air Fourth
<br />tion to the City of Grand Island, Hall County, Nebraska
<br />�I 4: Lot Thirty Five (35) and the East Fifty Five (55) feet of Lot Thirty Four (34) West Bel Air Fifth
<br />livision to the City of Grand Island, Hall County, Nebraska.
<br />�I 5: The West Fifty Eight (58) feet of Lot One (1), Btock One (1), West Bel Air Fourth Addition to the
<br />of Grand (sland, Hatf County, Nebrask�
<br />The �eal Property or its address is commonly known as LaMar Avenue, Grand Isfand, NE 6880'i .
<br />CRO �-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and fiabilities, plus interest
<br />there , of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lendar against Borrower and Trustor
<br />or an one or more of them, whether now existi�g or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />volun ry or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliq ated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />acco odation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limita i ns, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceabie.
<br />FUTU�E ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whet r or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to th amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />Trust 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 />prese and future leases ot the Property and all Renis trom the Property. in addition, Trustor grants to Lender a Uniform Commercial
<br />Code ecurity interest in the Personal Property and Rents.
<br />THIS EED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PRO RTY, IS GIVEN TO SECURE (A) PAYMENT OF THE (NDEBTEDNESS AND iB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UND TFlE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLL WING TERMS:
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<br />'OR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />the request of Lender; (b► Trustor has the fult power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />.y; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />I upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) i'rustor has
<br />�hed adequate means of obtaining from Borrower on a contirtuing basis information about Borrower's financial condition; and (e)
<br />has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<br />OR'S VUAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />iich may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the eutent Lender is otherwise
<br />f to a ctaim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />e of a power of sale.
<br />PAY�ENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Inde edness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective
<br />oblig ions under the Note, this Deed ot Trust, and the Related Documents.
<br />POS SSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of
<br />the perty shall be governed by the following provisions:
<br />ossession and Use. Untii the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />() use, operate or manage the Property; and (3) coilect the Rents from the Property. /
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