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1 <br />WHEN RECORDED MAIL TO: <br />First National Bank of Omaha <br />Branch #070 Grand Island Branch <br />810 Allen Dr <br />Grand Island, NE 68803 <br />II <br />1010 III 1 <br />011 <br />First National Bank <br />II0IIH <br />Il 1011u <br />^_3 <br />W <br />rsa <br />FOR RECORDER'S USE ONLY <br />iiiuiii1111imudi011111uouuiiu11iiAiiuuiimi110i11iuiimuiaiiii1iu <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $275,000.00. <br />THIS DEED OF TRUST is dated February 1, 2016, among Da -Ly Properties, L.L.C., whose <br />address is 2514 S Locust St, Grand Island, NE 68801 -8226 ('Trustor"); First National Bank of <br />Omaha, whose address is Branch #070 - Grand Island Branch, 810 Allen Dr, Grand Island, NE <br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First <br />National Bank of Omaha , whose address is 810 Allen Dr. , Grand Island , NE 68803 (referred <br />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 ithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in Hall C ounty, <br />State of Nebraska: <br />See Exhibit "A ", which is attached to this Deed of Trust and made a part of this Deed of <br />Trust as if fully set forth herein. <br />The Real Property or its address is commonly known as 1515 N Webb Rd, Grand Island, NE <br />68803. <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 />(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 />• <br />