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20�10�64�
<br />WHEN RECORDED MAIL TO:
<br />GREAT WESTERN BANK
<br />Grand Island - Webb Rd
<br />700 N Webb Rd
<br />Grand Island NE 68803 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $550,000.00.
<br />THIS DEED OF TRUST is dated July 26, 2011, among Stephan L Rainforth and Janet L Rainforth, HUSBAND
<br />AND WIFE, and Douglas W Rainforth and Katrina Rainforth, HUSBAND AND WIFE ("Trustor"); GREAT
<br />WESTERN BANK, whose address is Grand Island - Webb Rd, 700 N Webb Rd, Grand Island, NE 68803
<br />(referred to below sometimes as "Lender" and sometimes as "Beneflclary"); and (referred to below as
<br />"Trustee").
<br />CONVEYANCE AND GRANT. For vatuable consideraUon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the beneflt of
<br />Lender as Beneflclary, all of Trustor's right, title, and interest in and to the following described real property, together with all exfsting or
<br />subsequently erected or a�xed 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 irrigatfon rights); and all other rights, royalties, and profits relatln to the real
<br />property, including without Iimitation all minerals, oil, gas, geothermal and similar matters, (th@ " Real Property IOCBt@ Hall
<br />County, State of Nebraska:
<br />The Northeast Quarter (NE1/4) of Sectlon Thirty (30), Township Nine (9) North, Range Ten (10), West of
<br />the 6th P.M., Hall County, Nebraska, excepting a certain tract more particularly descibed ln Book 161 page
<br />11.
<br />The Real Property or its address is commonly known as Rural Hall County, NE.
<br />GROSS-�OLLATERALIZATIOW. In additlon to the Note, this Deed of Trust secures all obligations, debts and liabilit(es, plus interest
<br />thereon, of eithar Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Bonower 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 or undetermined, absolute or contingent, iiquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwfse, 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 otherwfse unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specifled in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together w{th all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $550,000.00.
<br />Trustor preserrtly assigns to Lender (also known as Beneflciary In this Deed of Tnast) all of Trustor's right, title, and interest in and to all
<br />present and future leases of tha 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 OBUGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GNEN AND AGCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR`S REPRHSENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at BonowePs 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 />bind'+ng upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustar 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 about Borrower (including without Iimitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives ail rights or defenses arising by reason of any "one action" or "anti-deflciency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, includirtg a claim for daficiency to the extent Lender is othervvise
<br />entitled to a claim for defic(ency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a powar of sale.
<br />PAYMENT AND PERFORMANCE. Except as otharwise provided In this Deed of Trust, Borrower and Trustor shall pay to Lender alf
<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 OP THE PRQPERTY. Borrower and Trustor agree that BoROwer's and Trustor's possession and use of
<br />the Property shall be govemed by the following provislons:
<br />Possesslon and Use. Untfl 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 Property; and (3) collect the Rents from the Property.
<br />Duty to Maintaln. Trustor shall malntain the Property in tenankable condition and promptly perform all rapairs, 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, dfsposal, release or threatened release of any
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