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<br /> WHEN RECORDED MAIL TO:
<br /> AMARILLO NATIONAL BANK
<br /> COMMERCIAL LOANS
<br /> P.O.Box 1
<br /> Amarillo,TX 79105 FOR RECORDER'S USE ONLY (O
<br /> ,...691.
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated September 7, 2017, among J&L LAND COMPANY LLC, whose
<br /> address is PO Box 8467, Amarillo, TX 79114 ("Trustor"); AMARILLO NATIONAL BANK,
<br /> whose address is COMMERCIAL LOANS, P.O. Box 1, Amarillo, TX 79105 (referred to below
<br /> — sometimes as "Lender" and sometimes as "Beneficiary"); and W. Wade Porter, whose address
<br /> GI•
<br /> is PO Box 1, Amarillo, TX 79105 (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 /> ra
<br /> property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all
<br /> Ff1 easements, rights of way, and appurtenances; all water, water rights and ditch rights (induding stock in utilities with
<br /> ®) ditch or irrigation rights); and all other rights, royalties, and profits relating o the real property, induding ithout
<br /> .� limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County,
<br /> �, State of Nebraska:
<br /> Lot Fourteen (14), Platte Valley Industrial Park Third Subdivision, in the City of Grand
<br /> Island, Hall County, Nebraska.
<br /> The Real Property or its address is commonly known as 4704 Gold Core Rd, Grand Island, NE
<br /> 68801.
<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.
<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 IS GIVEN AND ACCEPTED ON 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 /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of
<br /> Trustor's ownership of the Property,there has been no use,generation, manufacture,storage, treatment,disposal,
<br /> release or threatened release of any Hazardous Substance by any person on, under, about or from the Property;
<br /> (2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and
<br /> acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use,
<br /> generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance
<br /> on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or
<br /> threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously
<br /> disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant,contractor,agent or other
<br /> authorized user of the Property shall use, generate, manufacture,store,treat,dispose of or release any Hazardous
<br /> Substance on,under,about or from the Property;and (b) any such activity shall be conducted in compliance with
<br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all
<br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such
<br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the
<br /> Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's
<br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or
<br /> to any other person. The representations and warranties contained herein are based on Trustor's due diligence in
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