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rn ice ; " <br /> N� 2 rn C m <br /> —� n Z _3 > . 33 <br /> ■ N <br /> r,v R7 <br /> seme■ t2:1 <br /> la 4) N <br /> Q s ez Q C <br /> O CEO Co <br /> t <br /> WHEN RECORDED MAIL TO: <br /> PINNACLE BANK <br /> CENTRAL CITY OFFICE <br /> 320 G ST <br /> PO BOX 28 <br /> CENTRAL CITY, NE 68826 FOR RECORDER'S USE ONLY <br /> DEED OF TRUST `J <br /> THIS DEED OF TRUST is dated March 15, 2017, among RIEDY ENTERPRISES, INC., a <br /> Nebraska Corporation, whose address is 1932 ASPEN CIRCLE SUITE B, GRAND ISLAND, NE <br /> 68803 ("Trustor"); PINNACLE BANK, whose address is CENTRAL CITY OFFICE, 320 G ST, PO <br /> BOX 28, CENTRAL CITY, NE 68826 (referred to below sometimes as "Lender" and sometimes <br /> as "Beneficiary"); and PINNACLE BANK, whose address is 320 G STREET, PO BOX 28, <br /> CENTRAL CITY, NE 68826 (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 Six (6), Northview Ninth Subdivision in the City of Grand Island, Hall County, Nebraska <br /> The Real Property or its address is commonly known as 4096 - 4098 NORTH POINT CIRCLE, <br /> GRAND ISLAND, NE 68803. <br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, <br /> plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br /> or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br /> the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, <br /> absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br /> whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br /> may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br /> may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to cancel <br /> under Truth in Lending in connection with any additional loans, extensions of credit and other liabilities or obligations of <br /> Trustor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is <br /> given. <br /> FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor <br /> whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br /> secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br /> 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 /> 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 /> Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so <br /> long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage, <br /> treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental <br /> Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests as <br /> Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. <br /> Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event <br />