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rn <br /> m � � � <br /> rnm � y rn <br /> o �� � � �rn � rn <br /> �, �o rn � � o <br /> o �z � Z z� � � <br /> � �� � � �z � � <br /> o z� �' C �rn � z <br /> � G�� � I� �� �I <br /> �� rn � �� � � <br /> rn� � � =c�r� I� � <br /> �o � � � � <br /> cr� r� <br /> �� � �.�. rn <br /> o� � � � <br /> � � Z <br /> � <br /> 1NHEN REC�RDED MAIL TD: <br /> Exchanga B�nk <br /> � GI-Allen Dri�e 6ranch <br /> 1�04 A��gn Dr <br /> PQ Box 5793 <br /> Grand IslBnd NE G88�� F�l�RECDR�]EF�`S USE�NLY <br /> DEED �F TRUST <br /> TH�S DEED �F TRUST �s dated No�ember 2�, 2�1�, among Edwards Building �orp, A <br /> Nebraska �orporatian t"Trustor"f; Exchange Bank, whose address is GI - A�len Dri�e Branch. <br /> '!2�4 Al�en Dr, P� Bvx 5793. Grand Island, NE 68��� treferred to t�elvw sometimes as <br /> "Lender" and s�m�t�mes as "6eneficiary"}; and Exchange Bank. whose addrass is P�B 76�. <br /> Gibbon, NE �884� �referred ta be�aw as "Trustee"�. <br /> C�NVEYANCE AND GRANT. Far�aiueble considerativn. Trustor�on�eys to Trust�e in#rust. INtTH P�WER �F SALE. <br /> for the bsnafit af Lender as Beneficiery, all af Trustor's right, title, and interest in and tv the following described real <br /> property, tageth�r with all existing o� subs�quently erected or affixed buildings, �mpro�ements and fixtures; all <br /> easem�n#s, rights of way, �nd appurtenances; al� water, wate� rights and ditch rights tincluding stock in utilities with <br /> ditch or irrigatian rightsy; and all other rights, royalties, and prvfits�relatin t❑ the real property,,including without <br /> limitation ai� minerais, oil, gas, geotherm�l and simEfar matters, �the R�el �ro e � Iocated �n Hall Coun <br /> P �l► ty. <br /> State of Nebraska: <br /> Condominium Unit 4�2. The Yancey. a condvminium in accord�nce with the Declaration <br /> recorded �ctober 'I 7, 7 9S4 under pocument No. 83-�D55�7 in the City of Grand �s�and. <br /> Hall County, State vf Nebraska <br /> The Real Proparty or its address is cvmmonly known as 123 N locust St. #4�2, Gr�nd Isiand, <br /> NE �88�'I. <br /> CRDSS-CQLLATERALIZATi�N. In addition to the Note, this Deed of Trust se�ures all obiig�tions, debts and liabil�ties, <br /> plus interest thereon, of Trustar to Lender, or any one ar more vf them, as weli as alf claims hy Lender aaainst Trustor <br /> or any one or more af them, whether now existing or hereafter arisiny, whether related or unrelated to the purpose o� <br /> the Nate, whether �oiuntary or otherwise, whether due vr nvt due, direct vr indirect, determined or unde#srmined, <br /> absofute or contingent, liquidated or un�iquidated, whether Trustor may be liable indi►►idua!!y or jaintly with others, <br /> wh�ther obligated as guarantor, surety, accommadetion party or otherwise. and whether reca►►ery up�n such amaunts <br /> may be or hereafter may becvme barred by any sta#ute of limitations, and whether the abligation t�repay such amounts <br /> may he vr herea#ter may hecvme otherwise unenforceab�s. <br /> FUTURE ADVANCES. In addition to the Note��his Deed of Trust secu�es ail future ad�ances made by Lender to Trustor <br /> whether or not the ad�ances are made pursuant to a commitm�n�. Specifically, without limi#a#ion, this Deed of Trust <br /> secures, in additivn to the amoun#s specified in th� Nvte� afl fu#ure amounts Lender in its dEscretion may Io�n #o <br /> Trustvr,together with all interest thereon. <br /> Trustor presently assfgns tv Lender �also known as Beneficiary in this Deed of Trustj all af Trustor's right, title, and <br /> interest in and to al1 present and future leases vf the Property and all Rents frvm the Property. In addition. Trustvr <br /> grants to Lender a lJnif�rm Cammer�ial Code sgcurity interest in the Persanal Property and Rents. <br /> THIS DEED DF TRUST, lNCLUDINC THE ASSICNMENT QF RENTS AND THE SECUR�TY INTEREST IN THE RENTS AND <br /> PER5�NAL PR�PERTY, 15 G1VEN T�SECURE �A� PAYMENT�F THE INDEBTEDNESS AND �Bf PERFQRMANCE�F <br /> ANY AND ALL �BLIGAT�DNS UNDE�t THE N�TE, THE RELATED DQCUMENTS. AND TH�S DEE� DF TRUST. TH15 <br /> DEED�F TRUST IS GIVEN AND A�CEPTE��N THE FQLL�WlNG TERMS: <br /> PAYMENT AN� PE#�FDRMANCE. Except as vtherwise �ro�ided in this Deed af Trust, Trustor shall pay to Lender all <br /> amounts secured by this �eed of Trust as they become due, and shall stri�tfy and in a timely manner perfarm all of <br /> Trustor's obiigatians under the Note.this [3eed❑f Trust, and the Rel�ted Documents. <br /> PaSSESS��N AND MAINTENANCE �F THE PR�PERTY. Trustor agrees tha# Trustvr's possession and use of the <br /> Property shall be go�erned by the following pro�isions: <br /> Possession and Use. Until the occurrence of an E�ent a� Default, Trusto� may ��y remain in p�ssession and <br /> �ontrvl❑f the Prvperty; �Zy use, operate vr manage the Property; and �3y collect the Rents fram the Prop�rty. <br /> Duty to Meintain. Trust�c shall maintain �he P�operty in tenantable �ond�tion and promptiy perform a�l repairs, <br /> replacements, and maintanance nec�ssary#o preser�e�ts�alu�. <br /> Campliance VHith En�ironmental Laws. Trustvr represents and warrants to Lender that: �1 y During the period of <br /> Trustar's ownership of the Property, there has been no use, generativn, manufacture, storage, treatment, dispasel, <br /> reiease or threatened release of any Hazardaus 5ubstance by any person on, under, ahout or from the Pr�perty; <br /> ��f Trustor has no knowledg� a#, ar reasan to befie�e that there h�s been, except as pre►►iously disclosed to and � <br /> a�knvwl�dged by Lender in writing, �af any breach or �iolation of any En�ironmentai Laws, �hf any use� j <br /> generation, manufa�ture, stvrage, trea#ment, dispvsal, releas� or threatened release of any Haiardous Substance 1 <br /> on. under, ah�ut or #rom the Property hy any privr owners �r occupants of the Property, or �cy any actua� or � <br /> th�eatened litigation or cla+ms af any kind t�y any person relat�ng to such matters; and t3f Except as prev�ously � <br /> , <br /> � <br /> i <br /> E <br /> { <br /> � <br /> F <br /> i <br /> i <br /> f <br /> i <br />