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WHEN RECORDED MAIL TO: <br />GREAT WESTERN BANK <br />Grand Island - Webb Rd <br />700 N Webb Rd <br />Grand Island, NE 68803 <br />i <br />11 <br />i <br />i <br />i <br />i <br />0 <br />i <br />o r1 <br />rn <br />c n z <br />= r r3 <br />N <br />T = <br />0 0 <br />S <br />0 <br />I I <br />i <br />i <br />FOR RECORDER'S USE ONLY <br />i <br />0 <br />i <br />Cr) <br />111 <br />(f) <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $82,500.00. <br />THIS DEED OF TRUST is dated June 23, 2016, among Powhein, L.L.C., a Nebraska Limited <br />Liability Company, whose address is 3415 W State St Suite B, Grand Island, NE 68803 <br />('Trustor"); GREAT WESTERN BANK, whose address is Grand Island - Webb Rd, 700 N Webb <br />Rd, Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary"); and Great Western Bank, whose address is 700 N Webb Rd, Grand Island, NE <br />68803 (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 o the real property, including ithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P roperty ") located i Hall C ounty, <br />State of Nebraska: <br />Part of Fractional Lots One (1) and Two (2), in Fractional Block Two (2), H.G. Clark's <br />Addition to the City of Grand Island, Hall County, Nebraska more particularly described as <br />follows, to -wit: Beginning at the Southeasterly corner of Fractional Lot One (1), in said <br />Block, running thence in a Northerly direction parallel with the Easterly boundary line of said <br />Lot a distance of Sixty -Six (66) Feet, thence in a Westerly direction parallel with the <br />Northerly Boundary line of said Lot a distance of Seventy Seven (77) Feet, thence in a <br />Southerly direction a distance of Sixty Six (66) Feet to the alley of said Block, thence in an <br />Easterly direction a distance of Seventy Seven (77) Feet to the place of beginning, being a <br />rectangular tract of ground having an Easterly front of Sixty Six (66) Feet on Eddy Street in <br />said City and a depth of Seventy Seven (77) Feet. <br />The Real Property or its address is commonly known as 1014 N Eddy Street, Grand Island, NE <br />68801. The Real Property tax identification number is 400 029 782. <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 />