�
<br />�
<br />�
<br />N �
<br />e �
<br />�
<br />� �
<br />N �
<br />B -
<br />N
<br />N �
<br />N �
<br />�
<br />�
<br />. i 4' . , �
<br />�
<br />�
<br />�
<br />���',
<br />cey � �
<br />��
<br />�
<br />, ; ti;
<br />�} � .:
<br />��
<br />4 i
<br />; �
<br />�; �
<br />��
<br />S�
<br />n
<br />r
<br />r �
<br />� ��_
<br />r� �
<br />C�
<br />�
<br />--a
<br />r�
<br />a�
<br />o ('�,
<br />- n
<br />� � __
<br />rn �
<br />0
<br />�
<br />r .,
<br />�.�
<br />ti
<br />�
<br />.�
<br />�
<br />�
<br />W
<br />"LA
<br />�
<br />W
<br />F--.
<br />N
<br />n �
<br />C�
<br />c n
<br />2 -I
<br />--� m
<br />��
<br />o - n
<br />�'1 Z
<br />s m
<br />D m
<br />r �
<br />r n
<br />Cn
<br />�
<br />D
<br />�
<br />cn
<br />WHEN RECORDED MAIL TO: �
<br />Exchange Bank r�
<br />Allen Drive Brench .,j
<br />1204 Allen Dr � D �
<br />PO Box 5793
<br />Grand Island. NE 68802 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated April 13, 2012, among Huff Properties, LLC, A Nebraska
<br />Limited Liability Company ("Trustor"); Exchange Bank, whose address is Allen Drive Branch,
<br />1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below sometimes as
<br />"Lender" and sometimes as "Beneficiary"); and Exch�nge Bank, whose �ddress is POB 5793,
<br />Granc7 Island, NE 68802 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable constderatlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneflciary, 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 water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrlgation rights); and all other rights, royalties, and profits relating to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Reel PI'Operty") loc�ted 'In Hell County,
<br />�tafie of Nebraska:
<br />Lot One Hundred Fifteen (115), Buenavista Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska.
<br />The Real Property or its address is commonly known as 443 E South Street, 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 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 arising, 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 timitations, and whether the obligation to repay such amounts
<br />may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust
<br />secures, In addition to the amounts specified in the Note, all future amounts Lender in its discretfon may loan to
<br />Trustor, 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 addltion, 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 aIl of
<br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the
<br />Property shall be governed by the following provisions:
<br />Possesston and Use. Until the occurrence of an Event of Default, Trustor mey (7 ) 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 Maintsin. Trustor shall maintain the Property in tenantable condition and promptly perform all repeirs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender thet: (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) eny use,
<br />generation, manufacture, storege, treatment, disposal, release or threatened release of any Hezardous 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 />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other
<br />� ;, � � � , � � ' � ��
<br />N
<br />0
<br />F—+
<br />�
<br />C:�
<br />N
<br />C1�
<br />N
<br />�
<br />�
<br />
|