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2� 1 ���325
<br /> aEED �F TRUST
<br /> Loan No: 1�'[�98�?9 ��ontinued� Page 2
<br /> Pacific Railway Company's Second Addit�on, hoth being Additions to th� C�ty of Grand
<br /> Island, Haii County, Nehraska, and
<br /> The land hereinafter �referred to is situated in th� City of Grand Island, County of Hail, State
<br /> �f NE, and is d�scribed as follows: Lvts Thirteen {13}, Fourteen {'14� and 'Weste�rly Thr��
<br /> {Vti13} feet of Lvt Fifteen {15}, in Blo�k Sixte�n �'C�} in Ashtvn Place, and Addition t� th� City
<br /> of �rand Island, Hall Cvunty, Neb�raska. Praperty Address �s: �718 �est Koenig Street,
<br /> �rand Island, NE ��$D3
<br /> The Reai Property ar its address is c�mmvn[y known as '14D4 1N 'i ST 5T & '1��7 W 4TH ST &
<br /> 3�4 VII 8TH ST & �718 �111' K[]ENI� 5T, GRAND ISLAND, NE �88�'I.
<br /> CR�55-CQLLATERALIZATI(]N. ln addition t❑ th� Nvte, this Deed of Trus�secures ali obligations, debts and liahiiities,
<br /> p[us interest thereon, o�Trus�or to Lender, �r any one t�r more of them, as we11 as all �laims by Lender agains�Trust�r
<br /> or any one or more af them, whe�her now �xis-ting ❑r h�reatter arising, whe�her related �r unrelated to �he purpose ❑f
<br /> �he Note, whe�her �o�unfiary or atherwise, whether due or not due, direct nr indir�ct, determ�ned or undetermined,
<br /> absolute flr contingent, liquida�ed or unliquidated, whe�her Trustor may be [iable indi�idually flr join�ly with others,
<br /> whe�her ❑bliga�ed as guarantar, sure�y, a�commoda�ian par�y �r vtherwise, and whether reco�ery upfln such amounts
<br /> may be�r herea��er may become barred by any stafiute of limi�ations, and whether the obiigation to repay such amounts
<br /> may be or hereafter may become atherwise unen�orceab�e.
<br /> REV�LVENG LiNE �F CRED�T. This Deed of Trus# secures #he Ind�htedness including, v►ri�hout iimi�a�ivn, a reWolWing
<br /> [ine o�credit, wh'rch obligates Lender#o make adWan�es fio Trus#or so�vng as Trustor complies with a[[the�erms ❑t#he
<br /> N v#e.
<br /> Trustflr presently assigns to Lender {a�s❑ knawn as geneficiary in this De�d ❑f Trusty all of Trustar's right, title, and
<br /> interest in and to all present and fu�ure leases ❑f the Proper�y and a�l Rents �rtim �he Properfiy. In addition, Trustor
<br /> grants tv Lender a Uniform Comm�rcial Code se�urity interest in�he Personal Property and Rents.
<br /> THlS ❑EED �F TRUST, INCLU[][NG THE ASSiGNiVIENT �F RENTS AND THE SECURITY INTEREST �N THE RENTS AND
<br /> . PERS�NAL PRaPERTY, iS GIVEN T� SECl1RE �A� PAYMENT QF THE INDEBTEDNESS AND {B} PERF�RMANCE �F
<br /> . ANY AN❑ ALL OBLIGATI�NS UNDER THE N�TE, THE RELATED D�CUNiENTS, AND TH[S DEED �F TRUST. TH�S
<br /> DEED�F TRUST [5 GEVEN AND A�CEPTED aN THE F�LL�V�ING TERMS:
<br /> PAYMENT AND PERF�RMANCE. Except as otherwise praWided in fhis ❑eed of Trust, Trustar shall pay t� Lender a[�
<br /> amaun�s se�u�ed by �his Deed o� Trust as they bec�me due, and shai� strictly and in a �imely manner perform aEE of
<br /> Trustor's flb��ga�ions under the Note,this ❑eed of Trust, and th� Related Docum�n-ts.
<br /> PC�SSESSI�N AN❑ MAINTENANCE �F THE PR�PERTY, Trustor agrees that Trust�r's possession and use of fhe
<br /> Proper�y sha[[ be ga�erned by the fol[owing pra�isions:
<br /> Possession and Use. Llntil the oc�urrence of an E�ent ❑f D�faul�, Trustor may ��} remain in p�ss�ssion and
<br /> contral of the Property; {�} use, ❑pera�e or manage the Property; and {3f collect the Rents from the Proper-�y.
<br /> Duty �o Maintain. Trustor shall main�ain the Property in tenantab[e candit�nn and promp�ly per�orm ai� repairs,
<br /> rep�acemenfis� and mainfienance necessary ta preser�e its �alue.
<br /> Comp[iance Vtil��h EnWironmental Laws. Trustar represents and warrants �o Lender tha�: {1 y During the period vf
<br /> Trustor's ownership ❑f the Property, there has been no use, generativn, manutacture, storage, treatment, disposal,
<br /> release �r threatened release af any Hazardous 5ubstanc� by any persan ❑n, under, abou� �r fram the Prvperty;
<br /> ��} Trustor has na knawledge o�, or reasvn tv belie�e that there has been, except as pre��ously disclosed �❑ and
<br /> acknawledged by L�nder in writing, {a} any br�ach or Wio[ation af any EnWiranmen�al Laws, �b� any use,
<br /> generation, manufac�ure, storage, treatment, disposal, release �r threatened re[ease of any Hazardous Sulastance
<br /> an, under, about ❑r from �he Properfiy by any pri�r owners or oc�upants o� the Properfy, or {c} any actual or
<br /> threatened lit�gation or cEaims ❑f any kind by any persan relating ta such matters; and t3y Ex�ep� as pre�iausly
<br /> disclosed t❑ and ackn�wledged by Lend�r in w�i�ing, �a} neither Trustor nvr any#enant, contractor, agent or❑ther
<br /> autharized user o�the Praperty shall use, generate, manu�ac�ure, store, trea�, dEspose of or reiease any Hazard�us
<br /> Subs�ance ❑n, under, about or trflm the Proper�y; and {by any such ac�i�i�y sha[[ be canduc�ed in comp[iance with
<br /> all applicable �ederal, state, and ioca� laws, regula�ians and ardinances, inc[uding withvut limitatian all
<br /> En�iranmen�al Laws. Trustvr au�horizes L�nder and its agen�ts �❑ enter upon the Prflper�y ta make such
<br /> inspec�ians and '�ests, a� Trus�tor's expense, as Lender may deem approprEafie ta determine complian�e of the
<br /> , Praper�y with fihis sec�ion ❑f the Deed ❑� Trust. Any insp�cfiions or tests made by Lender shall be �or Lender's
<br /> purpos�s ❑nly and shall not be construed ta crea�e any responsibility or l�ahility on the par#�t Lender to Trusfor or
<br /> to any o�kher persvn. The repr�sentations and warranties cantained herein are based vn Trustar's due d�ligenc� in
<br /> . in�estigating the Property for Ha�ardous Substances. Trusfior hereby �1� releases and wai�es any fu�ure claims
<br /> against Lender �or indemni�y vr contribution in �he e�ent Trustor becames �iabie �or c�eanup or oth�r C�5�5 under
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