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WHEN RECORD <br />FIVE POINTS BA <br />MAIN BANK <br />2815 OSBORN <br />HASTINGS, NE <br />AIL TO: <br />OF HASTINGS <br />VE WEST <br />68901 <br />II IIIVIIIVIIVIIIIIIIIIIIIIIIIIIIVII II IiII IIIIIIIIVII�IVINIIVIVIIIIIIIIIIVIIIIIIVIIII�N IIIIIVIII <br />„ 000000000000019233034001312017" <br />£ , a <br />11111111 <br />( <br />CJ <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated January 31, 2017, among SCHIEFELBEIN ENTERPRISE, LLC, <br />whose address is 2022 INDIAN ACRES DRIVE, HASTINGS, NE 68901; A NEBRASKA LIMITED <br />LIABILITY COMPANY ( "Trustor "); FIVE POINTS BANK OF HASTINGS , whose <br />address is MAIN BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to <br />below sometimes as "Lender" and sometimes as "Beneficiary "); and FIVE POINTS BANK OF <br />HASTINGS, whose address is 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred <br />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 />All of Lot Nine (9) in the Subdivision of Block One (1) Vine Hill Subdivision, EXCEPT the <br />North Nineteen Feet (N19') of said Lot 9, deeded to the City of Grand Island by Warranty <br />Deed recorded as Document No. 78- 002467; <br />AND a part of Lot Eight (8), in the Subdivision of Block One (1) Vine Hill Subdivision, more <br />particularly described as follows: Beginning at a point, said point being the Northeast corner <br />of said Lot 8; thence West on and upon the lot line of Lots 8 and 9 to the Northwest corner <br />of Lot 8; thence South along and on the West lot line of Lot 8 a distance of 10 feet; thence <br />northeasterly in a straight line a distance of 115.7 feet to the point of beginning; <br />All in the City of Grand Island, Hall County, Nebraska, according to the recorded plat <br />thereof. <br />The Real Property or its address is commonly known as 704 S BLAINE ST, GRAND ISLAND, <br />NE 68801. <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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON <br />THE FOLLOWING TERMS: <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 />