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NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated August 10, 2011, among Timothy L McMullen; A Single Person <br />("Trustor"); CORNERSTONE BANK, whose address is Grand Island Main Facility, 840 North <br />Diers Avenue, Grand Island, NE 68803 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and CORNERSTONE BANK, whose address is 529 LINCOLN <br />AVENUE, YORK, NE 68467 (referred to below as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, <br />for the benefit of Lender as Benefictary, all of Trustor's right, title, and interest in and to the following described real <br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all <br />easements, rights of way, and appurtenances; all weter, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and ell other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Reel Property IoCated 'Itl Hall COUnty, <br />State of Nebraska: <br />The Northerly Ninety Feet (90') and Ten Inches (10") of Lot Four (4) and the Easterly Two <br />Feet (E 2') of the Northerly Ninety Feet iN 90') and Ten Inches (10") of Lot Five (5), all in <br />Block Forty-Eight (48), Russell Wheeler's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 819 W 12th St, Grand Island, NE <br />68801. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by <br />Lender against Borrower and Trustor or any one or more of them, whather now existing or hereafter arising, whether <br />related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether dua or not due, direct or <br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br />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 <br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with <br />any additional loans, extensions of credit and other Ifabilities or obligations of Trustor to Lender, then this Deed of Trust <br />shall not secure additional loans or obligetians unless and until such notice is given. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower or Trustor whether or not the advances are made pursuent to a commitment. Specifically, without limitation, <br />this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion <br />may loan to Borrower or Trustor, together with ell interest thereon. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial Code security interest in the Personel Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPER'iY, IS GIVEfV TO SECURE (A] PAYMENT OF THE IMDEBYEDNESS AND (8) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />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 <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in e default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order epplicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Barrawer on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about 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" <br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a cleim far <br />deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br />or completion of any foreclosure action, either judicially or by exercise of a power of sele. <br />PAYMENT AND PERFORMANCE. Except as atherwise provided in this Deed of Trust, Borrower and Trustor shall pay to <br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br />perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. <br />� <br />