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w <br />co <br />CT1 ay <br />7:# <br />t6 • S <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />Allen Drive Branch <br />1204 Allen Dr <br />PO Box 5793 <br />Grand Island, NE 68802 <br />c) cn en <br />_ '� �. � o —t —1 <br />c n <br />r- v z -i N l^ ) <br />F <br />-T, p - - - <br />Tl <br />,--+ n w ( ) <br />-C7 D CD 7:-; <br />r -- a <br />61 <br />ry wi <br />CD C: <br />CO U`) <br />cn z <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 29, 2013, among TMT INVESTMENTS LLC, A Nebraska <br />Limited Liability Company ( "Trustor "); Exchange Bank, whose address is Allen Drive Branch, <br />1204 Allen Dr, PO Box 5793, Grand Island, NE 68802 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Exchange Bank , whose address is PO Box <br />5793, Grand Island, NE 68802 (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 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 />Parcel A: <br />Lot Twenty -seven (27), Hagge's Subdivision, in the City of Grand Island, Hall County, <br />Nebraska, Except a tract more particularly described in Document No. 78- 000995. <br />Parcel B: <br />Lot Forty -three (43), West Heights Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />Parcel C: <br />Lot Nine (9), Block Ten (10), in University Place, an Addition to the City of Grand Island, <br />Hall County, Nebraska. <br />The Real Property or its address is commonly known as 1621 W Stolley Park, 404 N Sheridan, <br />& 2216 N Howard Ave, Grand Island, NE 68803. <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 all 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 all future advances made by Lender to Trustor <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, 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 (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 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 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 />50 06 <br />