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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> D"eers Avenue Branch
<br /> PO Box 160
<br /> Grand Island,NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated September 72, 2012, among D & A INVESTMENTS, LLC,
<br /> whose address is 2'16 N CEDAR ST, GRAIVD ISLAND, NE 685015949; a Nebraska Lirnited
<br /> Liability Company t"Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box
<br /> 160, Grand Island, N'E 68802-0160 (referred to below sometimes as °`Lender" and sometimes
<br /> as "Beneficiary"); and (referred to below as "Trustee").
<br /> CONVEYANCE AND GRANT. For valuable consideration,Trustor conveys to Trustee in 2rust,WITH POWER OF SALE,
<br /> for the benefit ofi Lender as Beneficiary, all of Trustor's right, title, and interest in and.to the fiollowing described real
<br /> property, together with all existi.ng or subsequently erected or affixed buildings, improvemenis and fixtures; all
<br /> easements, rights of way, and appurtenances; all water, water rights and ditch righis (including stock in utilities with
<br /> ditch or irrigation rights); and aff other rights, royalties, and profits relating to the real property, including without
<br /> limitation aIl minerals, oil, gas, geothermal and similar matters, (the "Real Property�) located in Hall County,
<br /> State of Nebraska:
<br /> Lot TF�irty-Seven (37), and northerly Ten feet (90') of Lot Thiry-Eeght (38), West Heeghts
<br /> Second Addition, City of Grand Island, Hall County, Nebraska
<br /> The Real Property or its address is commonly known as 608 N Sherman L#ve, Grand Island, NE
<br /> 68802. The Real Property tax identification number is 400114879.
<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 as all claims by
<br /> Lender agai.nst Borrower and Trustor or any one or more of thern, whether now existing or hereafter arising, whether
<br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br /> may be Iiable individually or joinYly with others, wheiher obligated as guarantor, surety, accommodation party or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become� otherwise
<br /> unenfiorceable. -
<br /> FUTURE ADVANCES_ In addition to the Note, this Deed of Trust secureS all future advances made by Lender to
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment Specifiically, without limitation,
<br /> Yhis 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 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 a❑ 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 tl�.e Personal Praperty and Rents.
<br /> THIS DEED OF TRUST.INCLUDING THE ASSIGNMENT OF RENTS AND THE SECU�RITY 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 tF�at• (a) Yhis 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 a.uthority to enter into
<br /> this Deed of Trust and to nypothecafe 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 insvument binding upon Trustor and do not result in a violation of any
<br /> Iaw, regulation, court decree or order applicable to Trustor,. (d) Trustor has established adequate means of obtaining
<br /> from Borrower on a continuing bas.is informaYion about Borrower's financial condition; and (e) Lender has made no
<br /> representation to Trustor about Borrower [ncluding without limitation the creditworthiness of Borrower).
<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 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 foredosure action, either judicially or by exercise of a power ofi sale�.
<br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in tnis 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 snall strictly
<br /> perform all their respective obligations under the Note,this Deed of Trust, and the Related Documents.
<br /> POSSESSION AND MAWTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's
<br /> possession and.use of the Property shall be govemed by the following provisions:
<br /> Possession and l)se. Until tne 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_
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