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D �O o 0 <br /> w � z� p GCj �z 0 cDi� <br /> � TA m � �� w � <br /> � m� o D rcDn rn � <br /> � �,ocn � � � � <br /> o ro 0 � z <br /> � � <br /> �� N U) Z <br /> � O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box 960 <br /> Grand Island.NE 68802-0960 FOR RECORDER'S U�SE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF "i'EiUST is dated .July 31, 2072, among LONGLEAF LLC, whose address is 3032 <br /> 1NEST STOLLEY PARIC RD SUITE E, GEiAND ISLAND, NE 68807; A Nebraska Limited Liability <br /> Company ("Trustor"); Equitable Bank, whose address is Diers Avenue Branc9�, PO Box 760, <br /> Grand Island, 1VE 68802-0'160 (referred to below sometemes as "Lereder" and sometimes as <br /> "Seneficiary"); and Equitable Bank iGrand Islanci Region), whose address is 173-115 N Locust <br /> St, PO �ox 160, Grand Island, NE 6SS02-0760 (referred to below as "Trustee")_ <br /> CONVEVANCE 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 tne following described real <br /> property, together with all existing or subsequently erected or affixed buildings, �improvernents and fixtures; all <br /> easernents, rights of way, and. appurten:ances; all water, water rignts and ditch rights (ineluding stocic in utiliYies with <br /> d.itch or irrigation rights);. and all other rights, royalties, and profiits relating to the real property, including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PYOperty") located ir� 1-IALL <br /> County, State of Nebraska: <br /> LOT OIVE ('1), BLOCK EIGHT (8), REPLAT, CONTINENTAL GAfiDENS, AN ADDITION "TO <br /> THE CITY OF GRAND ISLAND, FiALL COUNTY, NEBRASKA <br /> The Real Property or its address is commonly known as 3033 W CAPITAL AVE, GRAND <br /> ISLAND, NE 68801. The Real Property tax identification number is 400038935_ <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabifities, <br /> plus interest thereon, of Trustor to Lender, or any one or more of them, as well as a❑ da�ims by Lender against Trustor <br /> or any one or more ofi them, whether now existing or hereafter arising, whether related or unrelaied to the purpose of <br /> the Note, whether voluntary or otnerwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingent, fiquidated or unliquidated, whether Trustor may be liable individuaily or jointly with others, <br /> whether obligated as guarantor, sureYy, accommodation party or otherwise, and whether recovery upon such amounts <br /> may be or hereafter may become barred by any statute of li�mitations, and whether ihe obligatio�n to repay such amounts <br /> may be or hereafter may become otherwise unenforceable. <br /> FUTURE ADVANCES. ln addition to the Note,this Deed ofi Trust secures all future advances made by Lender to Trustor <br /> whether or not Yhe 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, al[ fuwre amounts Lender in its discretion may loan to <br /> Trustor,together with all interest thereon. � <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of TrusU all ofi Trustor's right, title, and <br /> interest in and to all present and� future leases ofi the Property and all Rents from the Property_ In add�.ition, Trustor <br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Ren'[s. <br /> YHIS DEED OF TRUST, 111lCLUDWG THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST 111!THE RENTS AND <br /> PERSONAL PROPEFtTY, IS GNEN TO SECURE (A) PAVMEIVT OF THE INDEBTEQNESS AND (B) PERFORMA.NCE OF <br /> RNY AND ALL OBLIGATIONS UNDER TFiE NOTE, THE RELATED DOCLJMENTS, AND THIS DEED OF TRUST. THIS <br /> DEED OF TRU�ST IS GIVEN AND ACCEPTEQ ON THE FOLLOWING TEF2MS: <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 alf of <br /> Trustor's obligations under the Note,this Deed of Trust, and the Related Documenfs. <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 /> Possession and Use. Until the occurrence of an Event of Default, 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 Maintaira_ Trustor shall maintain the Property in tenantable condition and promptly perform afl repairs, <br /> replacements, and maSntenance necessary to preserve its value� <br /> Compliance With Environmenta! Laws. Trustor represents and warrants to Lender that (1) During the period of <br /> Trusto�r's ownership ofi the Property,ihere 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 knowiedge ofi, or reason to believe that there has been, except as previously disclosed to and <br /> acknowledged by Lender in wriYing, (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 I.itigation or claims of any kind by any person relating to such matters; and (3) Except as previously <br /> dfsclosed to and acknowledged by Lender in writing, (a) neithe:r Trustor nor any tenant, contractor, agent or other <br />