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N nc <br /> mn' o O8 <br /> D m <br /> 0H w Z N m <br /> w 0Z C OO o > <br /> zD -n mz <br /> ,„ G7 0 co D W co <br /> rn -n m r� <br /> mmi 0 > r� A <br /> c <br /> C <br /> o <br /> 0 <br /> WHEN RECORDED MAIL TO: <br /> PINNACLE BANK <br /> 180TH & WEST DODGE ROAD OFFICE <br /> 18081 BURT STREET <br /> OMAHA. NE 68022 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated July 17, 2013, among ASAP REAL ESTATE L.L.C., a Nebraska <br /> Limited Liability Company, whose address is 8619 SOUTH 137TH CIRCLE, OMAHA, NE <br /> 68138 ("Trustor"); PINNACLE BANK, whose address is 180TH & WEST DODGE ROAD <br /> OFFICE, 18081 BURT STREET, OMAHA, NE 68022 (referred to below sometimes as "Lender" <br /> and sometimes as "Beneficiary"); and PINNACLE BANK, whose address is PO BOX 540001, <br /> OMAHA, NE 68154 (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 <br /> County, State of Nebraska: <br /> LOT 20, PLATTE VALLEY INDUSTRIAL PARK THIRD SUBDIVISION, AN ADDITION TO THE <br /> CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 4044 GOLD CORE DRIVE, GRAND <br /> ISLAND, NE 68801. <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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br /> 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 /> Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, <br /> replacements, and maintenance necessary to preserve its value. <br /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br /> long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br /> treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br /> Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br /> Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br /> Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br /> Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and <br /> hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of <br /> Trust. This obligation to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction <br />