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m <br /> � � N p� � <br /> m"' � cD m <br /> 1 � n�� N Zm N m <br /> o �o� , Cn �O 0 0 <br /> ; � zn� � �z o cDi� <br /> � � �r � fll � Z <br /> �� � 2D.ZW) � � <br /> � m c�0 � � r� C31 C <br /> � t�0(n � � <br /> o � m <br /> 0o w � z <br /> � <br /> cn �' z <br /> 0 <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> Diers Avenue Branch <br /> PO Box 160 <br /> Grand Island,NE 68802-0160 FOR RECORDER'S USE ONLY <br /> CONSTRUCTION DEED OF TRUST <br /> THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT <br /> WITHIN THE MEAMNG OF TNE NEBRASKA CONSTRUCTION LIEN ACT <br /> THIS DEED OF TRUST is dated September 10, 2072, among GOODWILL INDUSTRIES OF <br /> GREATER NEBRASKA, whose address is 1804 S EDDY ST, GRAND ISL,4ND, NE 68802; A <br /> NEBRASKA NOiV-PROFIT CORPORATION ("Trustor"); Equitable Bank, whose address is Diers <br /> Avenue Branch, PO Box 960, Grand Island, NE 68802-0160 (referred to below sometimes as <br /> "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Regionl, whose <br /> address is 713-715 N Locust St; PO Box 760, Grand Island, NE 68802-0160 (referred to <br /> below as"Trustee"). <br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Tmstee in trust,WITH POWER OF SALE. <br /> for the benefit of Lender as Beneficiary,aII of Trustors right,title,and interest in and to the following described real <br /> property, together with all existing or subsequently erected or a�xed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; all water,water rights antl ditch rights (including stock in utiliYies with <br /> ditch or irrigation 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 "Real PCopefty") located. in HALL <br /> County,State of Nebraska: <br /> LOT TWO (2), CHIEF FAB SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL <br /> COUNTY,NEBRASKA <br /> The Real Property or its address is commonly known as 1140 S LINCOLN AVE, GRAND <br /> ISLAND,NE 68801. The Real Property tax identification number is 400206870 . <br /> CROSS-COLLATERALIZATION. In addition m 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 6y Lender against Trustor <br /> or any one or more of them,whether now existing or hereafter arising,whether related or unrelaied to.the purpose of <br /> the Note, whether voluntary oe 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 6y any statute of limitations,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,withoat limitaiion,this Deed of Trust <br /> secures; in addition to the amounts specified in the Note; all future amounts Lender in its discretion may loan to <br /> Trustor,together wiTh all interest thereon. <br /> Trustor presently assigns to Lender lalso known as Beneficiary in this Deed of Trustl all of Trustor's Fight,title, antl <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 RENYS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY,IS GIVEN TO SECURE �A1 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY, IS ALSO GNEN TO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATlONS UNDER THAT <br /> CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY <br /> EVENT OF DEPAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCdiMENTS <br /> REFERRED TO THEREIN,SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF <br /> 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 Reed of Ttust,and the Related Documents. <br /> CONSTRUCTION MORTGAGE. This Deed of Trust is a"construction mortgage" for the purposes of Sections 9-334 <br /> and 2A-309 of the Uniform Commercial Code,as those sections have been adopted by the State of Nebraska. <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 />