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<br /> WHEN RECORDED MAIL TO:
<br /> Equitable Bank
<br /> Diers Avenue Branch
<br /> x 160
<br /> Grand 0..,/
<br /> Grand nd Island,NE 68802-0160 FOR RECORDER'S USE ONLY O�
<br /> CONSTRUCTION DEED OF TRUST 501
<br /> • THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br /> WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br /> CCI
<br /> THIS DEED OF TRUST is dated July 5, 2016, among SCHULTE CONSTRUCTION, L.L.C., whose
<br /> address is 3422 S 110TH ROAD, WOOD RIVER, NE 68883; A NEBRASKA LIMITED LIABILITY
<br /> COMPANY ("Trustor"); Equitable Bank, whose address is Diers Avenue Branch, PO Box 160,
<br /> rt Grand Island, NE 68802-0160 (referred to below sometimes as "Lender" and sometimes as
<br /> "Beneficiary"); and Equitable Bank (Grand Island Region), whose address is 113-115 N Locust
<br /> St; PO Box 160, Grand Island, NE 68802-0160 (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
<br /> County, State of Nebraska:
<br /> LOT ONE (1), WESTWOOD PARK TWELFTH SUBDIVISION, IN THE CITY OF GRAND
<br /> ISLAND, HALL COUNTY, NEBRASKA
<br /> The Real Property or its address is commonly known as 406 REDWOOD RD, GRAND ISLAND,
<br /> NE 68803. The Real Property tax identification number is 400150263.
<br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br /> plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br /> Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether
<br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br /> indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br /> otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br /> limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br /> unenforceable.
<br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to
<br /> Borrower or Trustor whether or not the advances are made pursuant to a commitment. Specifically, without limitation,
<br /> this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion
<br /> may loan to Borrower or 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, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND
<br /> PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF BORROWER'S OBLIGATIONS UNDER THAT
<br /> CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY
<br /> EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS
<br /> REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF
<br /> TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br /> Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into
<br /> this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or
<br /> result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any
<br /> law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining
<br /> from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no
<br /> representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br /> TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency"
<br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for
<br /> deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement
<br /> or completion of any foreclosure action, either judicially or by exercise of a power of sale.
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