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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> PO Box 160
<br /> Grand island,NE 68802-0160 FOR RECORDER'S USE ONLY
<br /> CONSTRUCTION DEED OF TRUST
<br /> THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br /> WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br /> THIS DEED OF TRUST is dated November 8, 2013, among SSB DEVELOPMENT, L.L.C., whose
<br /> address is 3612 CATFISH AVE, GRAND ISLAND, NE 68801; A NEBRASKA LIMITED LIABILITY
<br /> COMPANY ("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 Equitable Bank (Grand Island Region), whose address is 113-115 N Locust
<br /> St; PO Box 160, Grand Island, NE 68802-0160 (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 ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6),SEVEN (7), EIGHT (8), NINE
<br /> (9), TEN (10), ELEVEN (11), TWELVE (12), THIRTEEN (13), FOURTEEN (14), FIFTEEN (15),
<br /> SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19), TWENTY (20), TWENTY
<br /> ONE (21), TWENTY TWO (22), TWENTY THREE (23), TWENTY FOUR (24), AND TWENTY
<br /> FIVE (25), RAINBOW LAKE SIXTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br /> COUNTY, NEBRASKA.
<br /> The Real Property or its address is commonly known as GRAND ISLAND, NE. The Real
<br /> Property tax identification number is 400418910, 400418911, 400418912, 40018913,
<br /> 40018914, 40018915, 400418916, 400418917, 400418918, 400418919, 400418920,
<br /> 400418921, 400418922, 400418934, 400418935, 400418936, 400418937, 400418938,
<br /> 400418939, 400418940, 400418941, 400418942, 400418943, 400418944, 400418945.
<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 [imitation, 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 /> CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334
<br /> and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
<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 /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the 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, under, about or from the Property;
<br />
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