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N n� <br /> 731- <br /> om ° OCD m <br /> nH z N m <br /> 0 om -<O <br /> ZD O O�Z O (n <br /> N G-)� 0 co D� UZi <br /> mop r(n N <br /> C <br /> oN .�.�co <br /> co <br /> W <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Bank <br /> North Locust Branch <br /> 113-115 N Locust St <br /> PO Box 160 <br /> Grand Island. NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF TRUST is dated January 8, 2014, among CAPITAL PARK DEVELOPMENT CO., <br /> whose address is 557 STAGECOACH RD, NE, NE 68801; A NEBRASKA CORPORATION <br /> ("Trustor"); Equitable Bank, whose address is North Locust Branch, 113-115 N Locust St, PO <br /> Box 160, Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and <br /> sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is <br /> 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to below as <br /> "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 SIX (6), IN BOSSELMAN SUBDIVISION, AN ADDITION TO THE CITY OF GRAND <br /> ISLAND, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 2550N DIERS AVE, GRAND ISLAND, <br /> NE 68803. The Real Property tax identification number is 400023261. <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 /> 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 /> (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 breach 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 />