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m <br /> � � N n� � <br /> m"' � �cD m <br /> ; � n� � � �m N m <br /> � m � o0 <br /> N �o p Z �z � cDi� <br /> °D �� 0 � D� � U�i <br /> N <br /> m� o D r cDi� o�o � <br /> � � c <br /> c�n° � � <br /> N� � .�.� z <br /> p� GJ � � <br /> � Z <br /> O <br /> WHEN RECORDED MAIL TO: <br /> Equitable Ba�k <br /> Diers A�enue Branch <br /> Pg Box �60 <br /> Grand[sland NE 68802-0160 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> TH1S DEED OF TRUST is dated January 10, 2014, among D & A INVESTMENTS, L.L.C., whose <br /> acfdress is 216 N CEDAR ST, GRAND ISLAND, NE 688015949; A NEBRASKA LIMITED <br /> LIABILITY COMPANY ["Trustor"); Equitable 8ank, whose adciress is Diers Avenue Branch. PO <br /> Box 160, Granci Island, kVE 68802-01G0 (referred to below sometimes as "Lender" and <br /> sometimes as "Beneficiary"}; and Equitable Bank (Grand lsland Region), whose address is <br /> 113-115 N Locust St; PO Box 16U, Grand lsIand, NE 68802-0160 {referred to belaw as <br /> ,.Trustee"}. <br /> CONVEYANCE AND GRAI�T. For valuable consideration, Trustor conveys to Trustee in trus#, WITH POWER OF SA�E, <br /> far the 6enefit of Lender as Beneficiary, a[I of Trustar's right, titls, and irtterest in and to the fol[owing described real <br /> property, together with all existing or subsequently erected or aftixed buildings, improvements and fixtures; all <br /> easements, rights of way, and appurtenances; alf water, water righ#s and ditch rights (incle�ding stock in utilities with <br /> ditch or irrigation rights}, and ali other rights, royaltiss, and profiTs relating to the real property, including without <br /> [imitation a[I minerals, oil, gas, geotherma[ and similar matters, (the "Real Property"} located in HALL <br /> County, State of Neb�aska: <br /> TH� NORTH HALF {N112] OF LOT EIGHT (8] IN BLOCK TWO {2], IN W[EBE'S ADD[TION TO <br /> THE CITY OF GRAND 1SLAND, HALL COUNTY, NEBRASKA. <br /> The Real Property or its address is commoniy known as 416 S EDDY 5T, GRAND lSLAND, NE <br /> 6880'[. The Real Property tax identification number is 4001387d0. <br /> CR05S-COLLATERAlIZATION. ]n addition to the Note, this deed af Trust secures all obligations, debts and liabilities, <br /> plus interest thereon, of either Trustor or Sorrower to Lender, or any one or more of them, as wel[ as all claims by <br /> Lender against Borrower end Trustor or any one or more of them, whether now existing or hereafter arising, whether <br /> related or unrelated to the purpose of the Noie, whether voluntary or atherwise, whether due or not de�e, direcY or <br /> indirect, determinecE or undetermined, abso[ute or contingent, liquidated or un[iquidated, whether Borrower or Trustor <br /> may be liab[e individually or jointly with others, whether obligaEed as guarantor, surety, accommodation party or <br /> otherwise, and whether recovery upon such amounts may be or hereafier may become �arred by any statute of <br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br /> unenforceable. <br /> FUTURE AflVANCES. In addition to the Note, this Deed of Trust secures al[ future advances made 6y Lender to <br /> Borrower or Trustar whether or not the advances are made pursuant to a commitment. Specifica[ly, without limitation, <br /> this Deed of Trust secures, in addition to the amounts specified in the �lote, all future amounts Lender in its discretion <br /> may]oan to Borrower or Trustor,together with all interest thereon. <br /> Trustor present]y assigns to Lender Ialso [cnown as Benefiiciary in this Deed o'f Trust) all of Trustor's right, title, and <br /> interesF in and to all present anc€ future leases of the Property and a11 Rents from the Property. [n addition, Trustar <br /> grants ta Lender a Uniform Commercia[ Code security interest in the Personal Property and Rents. <br /> TFEIS DEED QF TRUST. INCLUDING THE ASS[GNMENT OF RENTS A{�!D 7HE SECURITY IN7EREST [[1[THE RENTS AND <br /> P�R50NAL PROPERTY, IS GIVEN TD SECURE (A} PAYM�N7 OF THE 1NDEBTEDNESS AND {B} PERFbRMANCE OF <br /> AIUY AlVD ALL OBI.IGATIQNS UND�R Tf-lE fYOTE, TtiE REl.AT�D DQCI.EMENTS, AN17 THIS DEED OF TRUST. �HIS <br /> DEED OF TRLiST!S GtVEN AND ACCEPTEd Al�THE FOLLOWIA[C TERMS: <br /> TRUST�R'S REPRESENTAT[ONS AND WARRANTIES. Trustor warrants that: ;a} this Deed of Trust is executed at <br /> Borsawer's request and not at the request of Lender; {b) TrusYor has #he full power, right, and authority to enter lnto <br /> this Deed of Trust and to hypothecate the Properry; (c) the pro�isions of this DEEd af Trust do nat coRflict with, or <br /> result in a c[efault under any agreement or o#her instrument binding upon Trustor and da not result in a violation of any <br /> law, regulation, caurt decree or order appficable to Trustor; {d} Trustor has established adeq�ate means of obtaining <br /> from Borrower on a continuing basis information about Borrower's financia] candition; and (e} Lender has made �o <br /> representation to Trustor about Borrower iinc]uding without[imitation the creditworthiness of Sorrower}. <br /> TRUSTOR`S WAIVERS. Trustor waives a[I rights or defenses arising by reason of any "one action" or "anti-deficiency" <br /> law, or any oiher law which may prevent Lender fram bringing any action against Trustor, including a claim for <br /> deficiency to the extenE Lender is otherwise entitled ta a claim for deficiency, before ar after Lender's commencement <br /> or completion of any foreclosure action,either judicially or 6y exercise of a power of sale. <br /> PAYMENT AND PERFORMANGE. 6ccept as otherwise provided in this Deed of�rust, Borrower and Trustor sha[I pay to <br /> Lender all lnde6tedness secured by this Qead of Trust as it becomes dve, and Borrower and Trustor shall strictEy <br /> perform afl their respective obligations under the Note,this Deed of Trust, and the Related Documents. <br /> PpSSESS[ON AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the Property s[�all be governed by the following provisions: <br />