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�� <br />0 �' <br />� <br />� �� <br />� <br />� � <br />� <br />� �� <br />� <br />� <br />�� <br />� <br />r� <br />r <br />� <br />a0 <br />C <br />� v <br />^ �N <br />x � <br />\\ <br />� i; <br />� ` I <br />a� <br />� <br />� <br />r-.� <br />� <br />� � <br />s <br />� � r-�*� <br />r r, ° —o <br />� t <br />o �� N <br />m � � <br />c� <br />u� � `fl <br />--+ 3 <br />rn <br />� <br />o � W <br />'*� f �. <br />o "`° <br />� <br />o � <br />cr� <br />C� �1'� <br />p —� <br />C � <br />z � <br />� <br />--� o <br />o � <br />� Z <br />= rn <br />� cv <br />� <br />r v <br />t!� <br />� <br />� <br />� <br />C!� <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />P.O. Box 760 <br />#14 LaBarre <br />Gibbon NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated September 15, 2011, among Michael D Schuster and Michelle S <br />Schuster, Husband and Wife as Joint Tenants ("Trustor"); Exchange Bank, whose address is <br />P.O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary"); and Exchange Bank, whose address is 1204 Allen Drive P.O. Box <br />5793, Grand Island, NE 68802 (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 Beneficiary, all of Trustor's right, title, and interest in and to the following described real <br />proparty, together with all existing or subsequently erected or affixed buildings, improvements end fixtures; all <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real prope including without <br />limitation all minerels, oil, ges, geothermal and similar matters, (the ° Real P1'Op@t°ty IOCate in Hall County <br />State of Nebraska: <br />Lot Nineteen (19), in Westwood Park Tenth Subdivision to the City of Grand Island, Hall <br />County, Nebraska <br />The Real Property or its address is commonly known as 516 Sandalwood Drive, Grand Island, <br />NE 68803. The Real Property tax identification number is 400440725. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and IiabiliYies, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter erising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel <br />under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of <br />Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is <br />given. <br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the <br />Note. <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 Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENAiVCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />Property shall be governed by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (7) remain in possession and <br />control of the Properry; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Mairrtain. Trustor shall maintain the Property in tenantable condition and promptly pertorm all repairs, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, �a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously <br />O <br />N <br />CC� <br />F-� <br />F-�' <br />O <br />Q� <br />Ct� <br />Cfl <br />s <br />�� <br />,r <br />