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<br />WHEN RECORDED MAIL TO:
<br />Exchenge Bank
<br />P.O. Box 760
<br />#14 LaBarre � /`�
<br />Gibbon NE 68840 FOR RECORDER'S USE ONLY 7 u�7
<br />0
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated November 15, 2011, among Phillip D Goetz a/k/a Phillip Dean
<br />Goetz and Dawn Doreen Goetz f/k/� Dawn Doreen Dreikosen, Husband and Wife as Joint
<br />Tenants ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE
<br />68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and
<br />Exchange Bank, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to below
<br />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 Beneficiery, 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; ell
<br />easements, rights of way, and appurtenances; all water, water rights end ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits releting to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property IOCeted '1� Hall COUnty,
<br />State of Nebraska:
<br />Lot Ten (10), Block Seventy-Four (74) in Wheeler & Bennett's Third Addition to the City of
<br />Grand Island, Hall County, Nebraska
<br />The Real Property or its address is commonly known as 104 W 14th Street, Grand Island , NE
<br />68803. The Real Property ta�c identification number is #400125196.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advences made by Lender to
<br />Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed
<br />of Trust secures, in addition to the emounts specified in the Note, all future amounts Lender in its discretion may loen
<br />to Borrower, together with all 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 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 />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 provis(o�s of this Deed of Trust do not conflict with, or
<br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of eny
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor hes established edequate means of obtaining
<br />from Borrower on a continuing basis information about Borrower's financial condition; end (e) Lender has made no
<br />representation to Trustor about Borrower (including without Umltat(on the creditworthiness of Borrowerl.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses erising by reason of any "one ection" or "anti-deficiency°
<br />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<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 sale.
<br />PAYMENT AND PERFORMANCE. Except es otherwise provided in this Deed of Trust, Borrower shell pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their
<br />respective 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
<br />possession and use of the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Defeult, Trustor may (1) remain in possession and
<br />control of the Property; (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 good condition and promptly perform all repairs,
<br />replacements, and malntenance necessary to preserve its velue.
<br />Compliance With Environmentel 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 />
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