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<br />WHEN RECORDED MAIL T0:
<br />Exchange Bank
<br />Allen Drive Branch �
<br />1204 Allen Dr d
<br />PO Box 5793 9 .
<br />Grand Island, NE 68802 FOR RECORDER'S USE ONLY �
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated July 10, 2072, among FRANCIS DUPLEX 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 F�cchange Bank , whose address is PO Box
<br />5793, Grand Island, NE 68802 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable conslderation, Trustor convays to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneficiery, all of Trustor's right, tltle, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixad buildings, improvements end fixtures; all
<br />easements, rights of way, and appurtenances; ell weter, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rightsl; 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 "Real Property") located in Hall County
<br />State of Nebraska:
<br />Lots One (1), Two (2), Three (3), Four (41, Five (5), Six (6), Seven (7), Eight (8), Nine (9),
<br />Ten (10), Eleven (111, Twelve (12), Thirteen (13), Fourteen (14), Fifteen (151, Sixteen (16)
<br />and Outlots A and B, of Francis Second Subdivision, in the City of Grand Island, Hall
<br />County, Nebraska
<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 es all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now axisting or hereafter arising, whether
<br />related or unrelated to the purpose of the Note, whether voluntery or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustar
<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 stetute of
<br />limitations, and whether the oblfgation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advences made by Lender to
<br />Borrower or Trustor whether or not the edvances are made pursuant 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 all interast thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, tltle, and
<br />interest in and to all present and future leases of the Property and all Rents from the Property. In eddition, 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 OBLIQATIONS 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 raquest and not at the request of Lender; (b) Trustor hes 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 a default under any agreement or other instrument binding upon Trustor and do not result in e violation of any
<br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has estabtlshed adequate means of obtaining
<br />from Borrower on a continuing basis information ebout 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 mey prevent Lender from bringing any action ageinst Trustor, including a claim for
<br />deficiency to the extent Lender is otherwise entitled to a claim tor 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 as otherwise provided in thls 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 shail strictly
<br />perform all their 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 end Trustor's
<br />possession and use of the Property shall be governed by the following provisions:
<br />
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