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2� 1 ��2778
<br /> DEED �F TRUST
<br /> {���tinued� Page 2
<br /> Parcel 4; Lot Twa �2�, Blvck Sixteen �'�6�, H.G. C�ark's Additian to the City of Grand �sland,
<br /> Hall County, Nebraska. �6�7 VII 8th � Tax ID #4�D�3�OD��
<br /> The Real Praperty vr its address �s c�mmonly knor►vn as ��� �JII �k�ahoma A�e, 8�3 S Lacust
<br /> 5to SU9-Sfl9 '11� 5 Locust St, 6�7 VII 8th St , Grand Island, NE �8��1. The Rea[ Property tax
<br /> ident�f�cation number is 4��'[48��2; 4���48�13; 4��14811�; 4��D3'I DU�.
<br /> CR�SS-CDLLATERALIZATI�N. In addition ta fihe Nate, this D��d o#Trust secures all obligatians, deb�s and liabilities,
<br /> plus interes�th�reon, o�Trustor to Lender, or any on� or more of them, as weli as all claims by Lender against Trust�r
<br /> or any one or m�re o�them, whether nvw existing vr hereafter arising, whether related or unrela�ed �o the purpose a�
<br /> the Na�e, whether ���untary or ❑therwise, whether due ar nat due, direct or indirect, determined �r und�t�rmin�d,
<br /> absalute or contingent, liquidated or unliquidated, whether Trustor may be liahl� indi�idually ar jointly with flthers,
<br /> whe�her obligat�d as guarantor, surety, accammodation party or otherwise, and whether reco�ery upvn such amounts
<br /> may be or hereafter may hecome barred hy any statute vf limitations, and whether th� ohligation�o repay such amounts
<br /> may be❑r hereafter may be��me�therv►rise unenfarceahie.
<br /> FUTURE ADVANCES. In addit€on to the Note, this ❑eed of Trust secures all�uture ad�ances made hy L.ender to Trust�r
<br /> whether vr n�# the ad�ances are made pursuant to a cammitment. SpeGifically, without limitation, this Deed of T�ust
<br /> se�ures, in addition tv the amaunts spec���ed �n the Note, a�� �uture amounts Lender in its discretion may loan to
<br /> Trustor, �oge�her with al[ interest th���an.
<br /> Trustor presen�ly assigns to L�nder {aiso known as Bene�ic�ary �n this Deed a� T�ust} a�I ❑� Trustvr's righ�, ti�ls, and
<br /> interest in and to all presen� and future feases of the Property and all Rents from the Property. �n addition, Trustor
<br /> grants tfl Lender a Unifarm Commercial Code security interest in the Personal Pr�p�r#y and Rents.
<br /> THIS DEED QF TRUST, INCLU�ING THE ASSiGNMENT �F RENTS AND THE SECURETY 1NTEREST IN THE RENTS AND
<br /> PERS�NAL PR�PERTY, IS GIVEN T❑ SECURE �A} PAYMENT DF THE �NDEBTEDNE55 AND {B3 PERF�RMANCE �F
<br /> ANY AND ALL �BL�GATIDNS UNDER THE N�TE, THE RELATED DQCUMENTS, AN❑ TH[S DEED �F TRUST. TH15
<br /> DEED DF TRUST IS GIVEN AND ACCEPTED�N THE FQLL�INING TERMS:
<br /> PAYMENT AND PERFURMANCE. Except as atherwise pro�ided in �his Deed o� Trust, Trustor shall pay to Lender al!
<br /> amounfis secured by this Deed a� Trust as they become due, and shall strictly and in a timely manner perform a[l o�
<br /> Trustor's❑bligations under the Note, this Deed o�Trust, and the Reiated ❑ocuments.
<br /> P�SSESSt�N AN❑ MAINTENANCE �F THE PR�PERTY. Trustor agrees that Trusfior's possession and use of the
<br /> Property shall be ga�erned by the following pro�isions:
<br /> Possession and use. Un�il �he ❑ccurrence af an E�ent �f Default, Trustor may {1 y r�main in passession and
<br /> control of the Property; 42� use, �pera�e or manage the Property; and �3� cvllect the Rents from the Property.
<br /> Duty #v Maintain. Trus�ar shall main�ain �he Property in �enantable condition and promptly perfarm a!1 repairs,
<br /> replacements, and maintenance necessary�o preser�e its�alue.
<br /> Gomplian�� Vllith Environm�n#al Laws. Trustar represents and warrants fi� Lender tha�: �'�� During the period o�
<br /> Trustor's awn�rship o�the Property, there has been n❑ use, gene�ation, manu�acture, storags, treatmen�t, disposa�,
<br /> release ar �hrea�ened refease �� any Hazardous Substance by any person on, under, about or from the Property;
<br /> �2} Trustor has no knowledge ot, �r reason ta befie�e that th�re has been, except as pre�iously disclosed �o and
<br /> acknowledged by �ender in writing, �a� any breach or �iolation of any En�ir�nmental Laws, �b� any use,
<br /> generat�on, manufacture, s�orage, �reatmen�, disposal, release or �hreatened release af any Ha�ardous Substance
<br /> on, und�r, about vr from �he Praperty by any prior owners or accupan�s of the Property, or �c� any actuaf ar
<br /> threatened [it�gati�n ar claims of any kind by any person relating t❑ such mat�ers; and �3} Exc�p# as pre�iously
<br /> disclosed to and acknowi�dged �y Lender in writin�, �a} neither Trustor nar any tenant, con�rac�or, agent�r oth�r
<br /> authori�ed user af the Property sha�� us�, g�nerate, manu�acture, stor�, treat, dispose of or release any Hazardous
<br /> Substance on, under, ab�ut or from�he Property; and tb� any such a�ti�ity shal� b� condu�fied in �omplian�e with
<br /> al� applicable �ederal, s�a�e, and lo�al laws, regulations and ordinanc�s, including withaut limitation all
<br /> En�ironmental Laws. Trus�or authorizes Lender and its agen�s to en�er upon the Property �o make such
<br /> inspecti�ns and �ests, at Trustar�5 �xpense, as Lender may deem appropria�e to determine compiiance of the
<br /> Proper�y with this section of �he Deed of Trust. Any inspections or tests made by Lender shall be for Lender`s
<br /> purposes only and shall not be constru�d ta create any responsibiiity or (iahi�ity an the part of Lender to Trustor or
<br /> �o any other person. The representations and warrantFes contained her�in are based on Trustor's due diligenc� in
<br /> in�estigating the Proper�y �or Hazardous Subs�an�es. Trustor hereby ��� releases and wai�es any future claims
<br /> against Lender for indemnity or contribution in the e�ent Trustor becomes �iable �or cleanup or ather costs under
<br /> any su�h laws; and �2� agr�es to indemnify, de�end, and hold harmless Lender against any and all claims, losses,
<br /> liabilities, damages, penalti�s, and expenses wh�ch Lend�r may direct�y ar�ndirect�y sustain flr suffer resul�ing fram
<br /> a breach af this sectiQn of the Deed o�Trust or as a consequ�n�� o� any use, genera�ion, manufacture, storage,
<br /> dispasal, release vr�hreatened release oc�urring priar to Trustor's ownership or interest in the Property, whether ar
<br /> not the same was or should ha�e been known ta Trus�or. The pr��isions of this s��tion o� the Deed of Trus�,
<br /> including the obligatian�a indemnify and d�fend, shall sur�i�e the payment of�he lndebtedness and the satis#a�tion
<br /> and recanv�yanc� of the lien of this Deed of Trus�and shall no�be affected by L�nder's a�quisiti�n of any interest
<br /> �n�he Property, whether by#orsclosure or atherwise.
<br /> Nuisan�e, Waste. Trust�r shail n�t �ause, �onduct or pe�mit any nuisance no� commit, permit, or suffer any
<br /> stripping of or waste on or to the Prop�rty �r any portion o� the Propsrty. Without �imiting the generali�y of the
<br /> foregoing, Trustar will not remo�e, or gran��� any other party the right t� remo�e, any timb�r, min�rals �including
<br /> oi[ and gas�, coa�, clay, s�oria, svil, gra�el or rock produ��s wi�hout Lender's prior wri��en consent,
<br /> RemoWaf o�Impro�ements. Trustar shall not demolish or remo�e any fmpro�ements fram the Real Praper�y with�ut
<br /> Lender's priar written �ansent. As a �ondition�o�he remo�a� o�any impro�ements, Lender may require Trustar to
<br /> make arrangements satisfactory to Lender to replace such fmpro��ments with fmpro�ements �f at feas� equal
<br /> �a�ue.
<br /> Lender's Right tv Enter. Lender and Lender's agen�s and represen�ati�es may en�er upon the Reai Property at all
<br /> reasonable t�mes to attend fio Lender's interests and to inspec� �he fteal Proper�y far purp�ses o� Trustor's .
<br /> compliance with the terms and conditivns of this ❑eed o�Trust.
<br /> Compliance with �vvernmental R�quirements. Trustar sha�i prompt�y comply with a�� �aws, ordinances, and
<br /> regulations, now or hereaf�er in eff�ct, of all go�ernmental authorities applicable to the use or occupancy vf the
<br /> P�operty, including wi�hvu� limitation, the Americans With Disabifities Act. Trust�r may contest in gaod faith any
<br /> su�h law, ordinance, or regula�ion and wi�hhold compliance during any proceeding, including apprvpriate appeals,
<br /> so iong as Trustor has notified Lender in wri�ing prior to doing sa and so long as, in Lender's sofe opinion, Lender's
<br /> interests �n the Praperty are no� �eapardized. Lender may require Trus�or �o past ade�uate se�urity or a surety
<br /> band, reasanah�y satisfactary t❑ Lender, to pro�ec�Lender's in�eres�.
<br /> Duty #v Prvtect. Trustor agrees neither ta abandan or lea�e unattended the Property. Trus�or shalf d❑ a�� other
<br /> ac�s, �n addition to those acts set forth aho�e in�his sect�on, which fram�he characfier and use of the Property are
<br /> reasonably ne�essary to protect and preserWe the Property.
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