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WHEN RECORDED MAIL TO: <br />First National Bank of Omaha <br />Grand Island Branch <br />810 Allen Dr <br />Grand Island. NE 68803 <br />ri <br />rti <br />r <br />4-4 c'* 60 <br />t <br />2t --1 N <br />t ( .. a rr Z ni <br />t. N <br />I tip , r\,) 111 t 3: - z CY <br />7; 7 S. ' zi c .)›, <br />„xi <br />co <br />r' t,.. C7) <br />^J z <br />CO <br />CD t <br />cr <br />FOR RECORDER'S USE ONLY 5 <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated October 17, 2014, among Take Flight Investments LLC, whose <br />address is 4319 W Capital Ave, Grand Island, NE 68803; Troy Morris, whose address is 4319 <br />W Capital Ave, Grand Island, NE 68803 and Julie Morris, whose address is 4319 W Capital <br />Ave, Grand Island, NE 68803 ( "Trustor "); First National Bank of Omaha, whose address is <br />Grand Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and First National Bank of Omaha, whose address is <br />2223 2nd Ave, Kearney, NE 68848 (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 i Hall County, <br />State of Nebraska: <br />,c Lots Sixty-One (61) and Sixty -Two (62) in Hawthorne Place in the City of Grand Island, Hall <br />County, Nebraska. <br />MN The Real Property or its address is commonly known as 806 S. Kimball, Grand Island, NE <br />Irn - 68801. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to <br />Borrower whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed <br />of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan <br />to Borrower, together with all interest thereon. <br />19'1 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 />C grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. <br />H 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 />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 />TRUSTOR'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 shall pay to Lender all <br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their <br />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 />