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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Brench
<br /> PO Box 160
<br /> Grand Island,NE 68802-0760 FOR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated November 13, 2012, among D & A INVESTMENTS, L.L.C., A
<br /> NEBRASKA CORPORATION, whose address is 216 N CEDAR ST, GRAND ISLAND, NE
<br /> 688015949 ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160,
<br /> Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br /> "Beneficiary"?; and Equita6le Bank (Grand Island Region), whose address is 113-'�15 N Locust
<br /> St;PO Box 160,Grand Island, NE 68802-0760(referred to below as "Trustee").
<br /> CONVEYANCE 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 the following described real
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br /> easements,rights of way,and appurtenances;all water,water eights and ditch�ights (including stock in utilities with
<br /> ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, induding without
<br /> limitation all minerals, oil, gas, geothermal and similar mattees, (th0 "Real PrOp2Yty") located in HALL
<br /> County,State of Nebraska:
<br /> THE NORTH EIGHTY EIGHT(88) FEET OF LOT ONE (11 AND ALL OF LOT TWO (2), BLOCK
<br /> SIXTY TWO(62), ORIGINAL TOWN OF GRAND ISLAND,HALL COUNTY,NEBRASKA
<br /> The Real Property or its address is commonly known as 222 CEDAR,503,509,513 W 3RD ST,
<br /> GRAND ISLAND,NE 68801. The Real Property tax identification number is 400005069.
<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 m Lender, or any one or more of them, as well as all claims by
<br /> Lender against Borrower and Trustor or any one or more of them,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, Iiquidated or unliquidated,whether Borrower or Trustor
<br /> may be liable individually o� jointly with others, whether obligated a5 guarantor, surety, accommodation party or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may 6ecome barred by any statute of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforceable. -
<br /> FUTURE ADVANCES. In atldition to the Note, this Deed of Trust secures aIl future advances made by Lender to
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically,withouY 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 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 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 RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY,IS GNEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED �OCUMENTS, AND THIS DEED OF TRUST. THIS
<br /> DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARHANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br /> Borrower's request and not at the request of Lende�; (b)Trustor has the full power,right,and authority to enter into
<br /> this Deed of Trus2 and to hypothecate the Property; (c) the provisions of this Deed of Ttust do not conflict with,or
<br /> result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any
<br /> law, regulation, court decree or order applicable to Trustor, (d)Trustor has established adequate means of obtaining
<br /> from Borrower on a continuing basis information about Borrower's financial condition; antl (e) Lender has made no
<br /> representation to Trustor about Borrower(including 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 preveM Lender from bringing any action against Trustor, induding 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 foreclosure action,either judicially or by exercise of a power of sale.
<br /> PAYMENT AND PERPORMANCE. Except as otherwise provided in this Deed of Trust,Borrower and Trustor shall pay to
<br /> Lentler all Indebtedness secured by Yhis Deed of Trust as it becomes due, and Borrower and Trustor shall strictly
<br /> perform all their respecti�e 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 and Trustor's
<br /> possession and use of the 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
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