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m <br />el 2 <br />N — C <br />cE) n N ,v,' <br />2; <br />N <br />OD <br />c7 <br />WHEN RECORDED MAIL TO: <br />Exchange Bank <br />GI - South Locust Branch <br />939 S Locust St <br />Grand Island, NE 68801 <br />r <br />W <br />c) <br />CA) <br />Ca <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated March 2, 2015, among Midwest Premier Investments, L.L.C.; a <br />Nebraska Limited Liability Company ( "Trustor "); Exchange Bank, whose address is GI - South <br />Locust Branch, 939 S Locust St, Grand Island, NE 68801 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary "); and Exchange Bank , whose address is PO Box <br />5793, Grand Island, NE 68802 (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 in Hall County, <br />State of Nebraska: <br />Parcel 1: The Easterly One Third (E113) of Lot Five (5) and the Westerly One Third (W113) <br />of Lot Six (6), Block Twenty Eight (28), in the Original Town, now City of Grand Island, Hall <br />County, Nebraska (306 E 4th Street, #400002027) <br />Parcel 2: Lot Seven (7), Block One Hundred Twenty Four (124), Union Pacific Railway <br />Co.'s Second Addition to the City of Grand Island, Hall County, Nebraska (310 W 7th <br />Street, #400096641) <br />The Real Property or its address is commonly known as 306 E 4th Street and 310 W 7th <br />Street, Grand Island, NE 68801. The Real Property tax identification number is 400002027; <br />400096641. <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 />N <br />CD <br />0d <br />