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m <br /> � � N p� � <br /> m"' � cD m <br /> � � n� � N zm N m <br /> o �o � . O �O o 0 <br /> w � 0 c� p C� O z N cDi� <br /> a�., � �� „ � =m p�p z <br /> j � c� D W W � <br /> � T m r Z7 � <br /> � m" m D r cDi, c.�,.� � <br /> � v'o � � � � <br /> o� � � z <br /> U� Cfi � <br /> � O <br /> W!-IEN RECORDED MAIL TO: <br /> Equetable Bank � <br /> North.Locust Branch <br /> 1 13-7�5 N Locust St <br /> PO Box '160 <br /> Grand Island NE 68802-0960 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF T�tUST is dated October 5, 2012, among RHOADS EN"f'ERPRISES iNC, whose <br /> address is 4204 UTAL-1 AVc, G03AIlID ISLAI�D, I�lE 68803; a iVebraska Corporation ("Trusfior"); <br /> Equitable Bank, whose address is IVor#h Locust Branch, 113-'t'15 IV Locust St, PO 6ox 760, <br /> Grand Island, N� 68802-0160 (referred to below sometimes as "Lender" and sometimes as <br /> "Bene#iciary"); and Equitable Bank (Grand Island Region), whose address is 9'63-115 1!! Locu�t <br /> St; PO Box 'l60, Grand Island, NE 68802-0'160 (referred to below as "Trustee"). <br /> CONVEYANCE AND GRANT. For valuabie consideration, Trustor conveys to Trusfee in trust, WITH POWER OF SALE, <br /> fior tha benefit of Lencler as Benefiiciary, all of Trustar's rigni, title, and interest in and tq the foliowing described real <br /> property, together with all exis2ing or subsequentfy erected or a'FFixed buildings, improvements and fixtures; alf <br /> easements, rights of way, and appurtenances; alt water, water rights and ditch rights (including stock in utilities witn <br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real pro�perty, induding without <br /> limitation all minerals, oil; gas, geothermal and similar matters, (the "Ffeal Property") located in HALL <br /> County, State ofi Nebraska: <br /> 1'AFiCEL 'i; LOT TWO (2), SHAR'S SUBDIVISION, IIV TFiE CITY OF GE�AND 1SLAND, FIALL <br /> COUNTY, IVEBFiASKA <br /> PARCEL 2: LOT THREE (3), SHAR°S SUBDIVISIOI�i, I1V THE CITY OF GRAND lSLAIV�, FlALL <br /> CQIDNTY, NEBRAS�CA <br /> PAFiCEL 3: LOT TWENI`Y-SEVEIV (27) OF HAWTtiORlVE PLACE, IN THE CIT!' QF GRAiVD <br /> ISLAN�, (-IALL COUNTY, IVEBRASKA <br /> The Real Property or its address is commonly known as 9'i 7-919 E 12TH $T, 1'104-7 106 <br /> EVANS ST, 915 S SYCAMORE ST, GRANd� ISLAND, NE 68802. The Real Property #ax <br /> identification number is 40009 1 7 20, 400091739, 400043750. <br /> CROSS-COLLATERALIZATION_ In addition to the Note, this Deed of Trust secures all obligations, debts and. Iia6iliLies, <br /> plus interest thereon, of Trustor to Lender, or any one or more of them, as wel�l as all claims by Lender against Trustor <br /> or any one or more of them, whether now existing or hereafter arising, wnetner related or unrel�.ated to ihe purpose of <br /> ihe Ivote, whether valuntary or atherwise, whethee due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingert, fiquidated or unliquidateo, whether Trustor may be liable individually or jointly with others, <br /> whether obligated as guarantor, surety, accomrnodarion party or otherwise, and whether recovery upon such amounts <br /> may be or hereafter may become barred by any statute of limitations, and wnether_the obligation to repay such amounts <br /> may be or hereafter may become oiherwise unenforceable. <br /> FUTURE ADVANGES. In addition to the Note, ihis Deed of Trust secures all fucure advances made by Lender to Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifiically, without limitation, this Deed. of Trust <br /> secures, in addition Yo the amounts specified in the Note, all fiuture amounts Lender in its discretion may loan to <br /> Trustor,together with allinterestthereon�. <br /> Trustor presently assigns io 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 Propercy. In. addition, Trustor <br /> gran�s to Lender a Uniform Commercial Code security interesY in fhe Personal Property and Rents. <br /> THlS DEED OF TRUST, IN.CLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY IIVTEREST IN Tt-iE RENTS AND <br /> PERSONAL PROPERTY, IS GYVEN TO SECURE (A) PAYMENT OF T!-lE INDEBTE�NESS A(VD (B) PERFORMANCE OF <br /> ANY AI�ID ALL OBLIGATIONS iJNDER THE NOTE, THE RELAT'�D DOCUMENTS, AIVD THIS DEED OF TRUST_ THIS <br /> DEED OF TRUST iS GIVEN AND ACGEPTED ON THE FOLLOWING TERMS: <br /> PAYMENT AIVD PERFORMANCE Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender alI <br /> amounts secured by this Deed of Trust as they bccome due, and shall strictly and in a timely manner perform all. 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 Yhat Trus2or's possession and� use of the <br /> Property shall be governed by the following provisions: <br /> Possession and Use. Until the occurrence ofi an Event of Default, Trustor may (1) remain in possession and <br /> controi ot the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br /> Duty to Maintain. Trustor shall maintain tfie Property in tenantabfe condition and promptly perform all repairs, <br /> replacements, and maintenance necessary to preserve its value. <br />