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<br /> WHEN RECORDED MAIL 70:
<br /> Equitah[e�ank
<br /> Diers A�enue Branch
<br /> PO Box 160
<br /> Grand]sland. IV� 68802-0180 FOR ftECORDER'S USE ONLY
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated August 1, 2014, among D & A INVESTMENTS, L.l.C., whose
<br /> address is 276 N CEDAR 5T, GI�ANb 1SLAND, NE fi88015949; A NEBRASKA LIM[TED
<br /> LIABIL[TY C�MPANY ("7rustor"); Equitable Bank, whose address is Diers A�en�e Branch, PO
<br /> Bax 1fid, Grand Island, NE 68802-0160 {referred to below sometimes as "Lender" and
<br /> sometimes as "Beneficiary'"); and Equitabte Bank (Grand [slar�d Region), whose address is
<br /> 113-715 N Locust St; PO �ox 160, Grant� Island, N� 68802-0160 {referred to below as
<br /> "Trustee"}.
<br /> CONVEYAHCE AND GFiAHT. For valuahle consideration, Trustor conveys to Trastee in tr�st, WITH POWER OF SALE,
<br /> for the henefiY of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described rea[
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br /> easemenis, rights of way, and appurtenances; all water, water rights and ditch rights {;ncluding stock in uti[ities with
<br /> ditch or irrigation rights); and all other rights, royalties, and profits re[ating to the real properry, including without
<br /> limitation all minerals, oil, gas, geothermal and simifar matters, {the "Real Property") loc1ted irl Hall COunty,
<br /> State of Nebraska:
<br /> Lot Fi�e (5}, in Bloc�C Ele�en (11}, in University Place, an Addition to the City of Grand
<br /> lsland, Hali County, Nebraska.
<br /> The Real Property or ifis address is cor�monty �Cnown as 2224 N Sherman Blr►d, Grand Island,
<br /> NE fi8803. The Real Property tax identificafiion number is �U0100304�.
<br /> CROSS-CQLLA"1'ERAlIZATIQf1[. In addition to the Note, tf�is Deed af Trus#secures all obligations, debts and lia6ilities,
<br /> plus interest thereon, of either Trustor or Borrower to Lencier, or any one or more of them, as wel] as ail c[aims Fry
<br /> Lender against Borrower and Trustor or any one ar more of them, w[�ether now existing or hereafter arising, whether
<br /> related or unrelated to the purpose of the �[ote, whether va[untary or otherwise, whether due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or �n[iquidatecE, whether Borrower or Trustor
<br /> may be [iable indi�idually or jointly with others, whether obl9gated as guarantor, surety, accommodation parry or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred 6y any statute of
<br /> ]imitations, and whether the ob[igatifln to repay such amaunts may be or hereafrter may become otherwise
<br /> unenForceable.
<br /> FUTURE A�VANCES. In .addition ta the Note, this Deed of Trust secures alf future advances made by Lender to
<br /> Borrower ar Trustor whether or not the advancas are made pursuant to a commitmen#. Specifically, without Eimitation,
<br /> this Deed of Trust secures, in addition to the amounts specified in the Note, alI future amounts Lender in its discretion
<br /> may loan ta 6vrrower or Trustor,together with a[I interest thereon.
<br /> Trustar present[y assigns to Lender {alsa known as Beneficiary in this Deed of Trustl all of 7rustor's right, Yit[e, 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#o Lender a Uniform Gommercial Code security interest in the Personal Property and Rents.
<br /> THfS DEED OF TRUST, INCLUD[[1[G THE ASSIGNMENT 4F RENTS ANb 7HE SECURITY INTEREST IN THE RENTS AiVD
<br /> PEFiSONAL PROPERTY, IS GIVEI� Tp SECLIFtE {q) PAYMENT OF TliE INDEBTED�IESS ANQ {B} PERFORMAAICE OF
<br /> ANY ANd ALL 08L1GAT10NS l3[VDER THE NOTE. THE RELATED DOCUMENTS, AND THIS DEED QF TRUS7. THIS
<br /> DEED OF TRUST IS G[VEIV AND ACCEPTE� ON THE FOLLOWING TERMS:
<br /> TRUSTQR'S REPHESENTATiONS AND WARRANTIES_ Trustor warrants thaY: ia] this Deed of Trust is executed at
<br /> Borrower's request and not at the request of Lender; (b] Trustor has the fuEl power, rigf�t, and authority to enter into
<br /> this Deed of Trust and to hypothecate tha Property; {c} the provisions of this Deed of Trust do not conflict wiih, or
<br /> rese�lt in a defau[t under any agreement or other instrument binding upon Trustar and do not result in a violation of any
<br /> ]aw, regulation, court decree or order applicable to Trusxar, (d) Trustor has established adequate means of obtaining
<br /> from Borrower on a continuing basis information about Sorrower's financial condition; and fe} Lender has made no
<br /> representation ta Trustor about Borrower ;including wi#hout limitation the creditworthiness of gorrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives ali rig[�ts or defeRses arising by reason of any "one action" or "anti-deficiency"
<br /> ]aw, or any other law which may prevent Lender from bringing any action against Tr�tstor, including a c[aim for
<br /> deficiency to the extenY Lender is otherwise entitled to a c[aim fior deficiency, before or after Lender's commencement
<br /> or completion of any foreclosure action, e➢ther judicia][y or by exercise of a power of sa]e.
<br /> PAYMENT AND PERFORMANCE. Excepi 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 6ecomes due, and Borrower and Trustor shal] strictly
<br /> perform all their respective obligations under the f�[ote,this Deed of Trust, and the Relafied �ocuments.
<br /> POSSESSION AND MAINTENANC� QF THE PRflPERTY. Borrower and 7rustor agree that Borrower's and Trustor's
<br /> possession and use of the Property shall be governed by the fio]lowing provisions:
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