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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avewe Branch
<br /> PO Box 160
<br /> Grend Island,NE 68802-0160 POR RECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated December 7, 2012, among GI Cherry Park, LTD., whose
<br /> address is 5631 South 48th St,Suite 220, Lincoln, NE 68516;a Nebraska Limited Partnership
<br /> ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch,PO Box 160, Grand Island,
<br /> NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary");
<br /> and Equitable Bank(Grand Island Region),whose address is 713-115 N Locust St; PO Box 160,
<br /> 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 T�ustor's right,title,and interest in and to the following desctibed Yeal
<br /> property, together with aIl existing or subsequently erected or affixed buildings, improvements and fixiures; all
<br /> easemeMs,rights of way,and appurtenances; all water,water rights and ditch rights(including stock in utilities 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 Property") located in Hall County,
<br /> State of Nebraska:
<br /> Lot 1,Block 1,Gili Subdivision of the City of Grand Island,Hall County, Nebraska
<br /> The Real Property or its address is commonly known as 415 Cherry Street, Grand Island, NE
<br /> 68801. The Real Property tax identification number is 400460572.
<br /> CROSS-COLLATERALIZATION. In addition to 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 alI claims by Lender against Trustor
<br /> or any one or more of Them,whether now existing or hereafter arising,whether related or unrelated to the purpose of
<br /> the Note, whether voluntary or 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 by 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 afl future advances made 6y Lender to Trustor
<br /> ' whether or not the advances are made pursuant to a commitment. Specifically,without limitation,this Deed of Trusi
<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 presentty assigns to Lender (also known as Beneficiary in this Deed of Trustl all of TrustoPs 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 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 /> 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 Deed of Trust,and the Related Documents.
<br /> POSSESSION AND MAfNTENANCE OF THE PROPERTY. Trusior 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 (31 collect the Rents from the Property.
<br /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br /> replacements,and maintenance necessary to preserve its vaWe.
<br /> Compliartce With EnvironmeMal Laws. Trustor represents and warrants to Lender that: (1) During ihe period of
<br /> Trustor's ownership of the Property,there has been no use,generation,manufacture,storage,treatment,disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, u�der,about or from the Property;
<br /> (2) Trustor has no knowledge of,or reason to believe that there has been,except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any b�each 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 litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous
<br />
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