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201402371 <br /> DEED OF TRUST <br /> Loan No: 101273671 (Continued) Page 2 <br /> SIXTY FOUR (264.0} FEET; THENCE SOUTHERLY PARALLEL TO SAID EASTERLY <br /> RAILROAD RIGHT-OF-WAY LINE, A DISTANCE OF SIXTY SIX (66.0) FEET, TO THE <br /> ACTUAL PLACE OF BEGINNING. <br /> The Real Property or its address is commonly known as GRAND ISLAND, NE. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br /> plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by <br /> Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether <br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor <br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or <br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred 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 ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, <br /> this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion <br /> may loan to Borrower or 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 �F THE INDEBTEDNESS AND (61 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 /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br /> Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br /> this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br /> result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br /> law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br /> from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br /> representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> TRUS'�OR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" <br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement <br /> or completion of any foreclosure action, either judicially or by exercise of a power of sale. <br /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to <br /> Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly <br /> perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's <br /> possession and use of the 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 /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously <br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br /> authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous <br /> Substance on, under, about or from the Property; and {b) any such activity shall be conducted in compliance with <br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such <br />