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<br /> WHEN RE��RDED NfAIL TC3:
<br /> Equitahle Bank
<br /> �ters A�enue�3ranch
<br /> PO Bflx'16�
<br /> Grand Island NE G88��-U76� F�R REC4RDER'S U5E aNLY
<br /> DEED �F TRUST
<br /> MAXIMUM L�EN. The lien of this Deed of Trust sha�l no� exceed at any one tims
<br /> $2,7�D,���.��.
<br /> TH�S aEE� �F TRUST is dated Apr�l 8, �0'16, among PERKINS aELAVIIARE II, LLC, whose
<br /> address is 1'1Q5 S '�3TH ST, N�RF�LK, NE �8701; A NEBRASKA LIMITED LIAB�LlTY
<br /> � C�MPANY �"Trustor"}; Equrta�le Bank, wh�se address is t7iers A►►enue Branch, PQ Box 16�,
<br /> Grand Island, NE 588�2-�'!�� �referred ta belaw som�times as "Lender" and sometimes as
<br /> "Beneficiary"�; and Equitabl� Bank �Grand Is�and RQgivn}, whQse address is 1'13-115 N Locust
<br /> 5t; PC] Box '1�U, Grand Island, NE S88t]2��1 fi� �referred to below as "Trustee"�.
<br /> C�NVEYANCE AND GRANT. Fvr valuable cansideration, Trustor conveys tv Trustee in trust,W1TH PaWER [�F SALE,
<br /> for the henef�t vf Lender as Beneficiary, all of Trustor's right, title, and interest in and to the foltowing described real
<br /> praperty, tagether with alf existing ❑c subsequently erected vr affixed buildings, improvements and fixtures; al�
<br /> easements, rights of way, and appur�enances; all water, water rights an� ditch righ#s �inciud�ng sto�k in utilities with
<br /> ditch or irrigatiQn rights}; and a!1 other rights, royalties, and prvfits re�atin ta the real propert , +ncludin wtthout
<br /> limitation afl minerals, oil, as, ev#hermal and similar matters, the "Real �roperty"� I�Ga#e�Irl Mall �4UClt]�,
<br /> 9 9 �
<br /> S�a#e �f Nebraska:
<br /> Lnt 1, Wal-Mart Su��i�ision in the City of Grand Island, Hal! �oun�y, Nebraska; EXCEPT
<br /> that part conveyed #a #he City �f �rand lsland, Nebraska, by Warranty Deed for Right �f
<br /> Vllay, rscorded July '11, 'f 99� as Instrument No. 9D�1�4�19, Records, Haff C�unty,
<br /> Nebraska.
<br /> The Rea� Pr�perty or its addr�ss is commvnly knvv+►n as '13�8-'1322 DiERS AVE, �RAND
<br /> ISLANO, NE 688D3. The Real Property tax identification number is 4��3'154�38.
<br /> Trustor presently assigns to Lender �also known as Bene#iciary in �his Deed of Trust} a�l of Trustor's right, title, and
<br /> interest in and to all present and future leases of the Praperty and al! Rents from the Prope�ty. in addition, Trustor
<br /> gran#s tv Lender a Unifarm Comrnercial Code security interest in the Personai Prop�rty and Rents.
<br /> TH15 �EE��F TRUST, lNCLVaING THE AS5IGNIVIENT�F RENTS AND THE SECLJRITY INTEREST IN THE RENTS AND
<br /> PERSflNAL PRaPERTY, 15 GlVEN TO SECl1RE {A� PAYeIAENT QF THE IN�EBTEDNESS AND �g) PERFDRMANCE OF
<br /> ANY AND ALL �SLIGAT�QNS LJNDER THlS �EED OF TRllST. THIS DEED UF TRUST l5 GIVEN AND ACCEPTED QN
<br /> THE F�LLOWING TERM5:
<br /> TRUSTQR'S REPRESENTATI4NS AND WARRANTlES. T�-ustor warrants that: �a} this Qeed af Trust is executed at
<br /> 8orrow�r's request and not at the request af Lender; �b} Trustvr has the full pawer, right, and authority t❑ enter into
<br /> this Deed of Trust and to hypothecate the Praperty; tc} the provisions vf th�s Deed af Trust dfl nQt cvnflict with, �r
<br /> result in a default under any agreement or ather instrument binding upan Trustor and d❑ not result in a�iolation of any
<br /> �aw, regulatian, cvurt de�ree vr order applicable #a Trustvr; �d} Tr�stor has estab4ished adequate means of❑btaining
<br /> frvm Borrower an a continuing basis information about Borrawer's financial condition; and �e} Lender has made na
<br /> representation#o Trustor abvut Barrower�in�luding without limitation the creditwvrthiness a�Barrower}.
<br /> TRLlST�R'S VII►41VER5. Trustor wai�es all rights❑r defenses arising by reasvn of any"one action"or"an�i-deficiency"
<br /> law, ar any other law which may pre�ent Lender from bringing any actian against Trustor, including a claim for
<br /> deficiency to the extent L�nder is ❑therwise entitled to a ciaim for deficiency, before or after Lender's �ommencement
<br /> or completion vf any forec�osure action,either judi�ialfy or by exer�ise of a pawer of sale. .
<br /> PAYMENT AND PERFORMANCE. Except as ❑therwEse pro�ided in this Deed of Trust, Borrvuver shafl pay to Lender all
<br /> lnd�btedness secured by th�s Deed of Trust as it becomes due, and 6orrawer and Trustor shall perfo�m all their
<br /> respecti�e ob�igatians under the Note,this Deed vf Trust, and�he Related Documents.
<br /> P�SSE5514N AND MA�NTENANCE 4F THE PR�PERTY. Borrawer and Trustvr agree that 6orrower's and Trustor's
<br /> possession and use af the Praperty shall�e governed by the#ntlawing prvvisions:
<br /> Possession and Use. Llntil the occurrence of an Event of ❑efault, Trustvr may �1} remain in possession and
<br /> cvntrol of the Property; ��} use,opera�e❑r manage the Property; and �3} collect#he Rents from�he Property.
<br /> Duty ta Maintain. Trust�r shal� maintain the Prvpsr�y En tenantable condition and promptly perform aIC repairs,
<br /> replacements, and maintenance necessary to preserve its value.
<br /> ComQ�iance With En�ironmental Laws. Trustor represents and warrants to Lender that: ��} During the period of
<br /> Trustor's ownership of the Property,there has been no us�, generation, manufacture,storage, treatment,dispasai,
<br /> retease or threatened re�ease of any Hazardous 5ubstance by any person on, under, about or from the Prvperty;
<br /> ��} Trustor has no knvwledg� of, vr reason tv belie�e that there has heen, except as p�e��ousiy disclosed t❑ and
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