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10V211S9Y 'I'9 <br />✓ n <br />-n <br />c <br />z <br />v <br />n=t••' <br />X <br />WHEN RECORDED MAIL TO: <br />First National Bank of Omaha <br />Branch #070 - Grand Island Branch <br />810 Allen Dr <br />Grand Island, NE 68803 <br />cn <br />rt fV <br />r l CO <br />C, <br />G') <br />FOR RECORDER'S USE ONLY <br />1111110101111 <br />First National Bank <br />iuui11111iuiuiudimiuiiuiipnuiiuiii111iiiuuiii1111irumsumui <br />1101111110 <br />1101 010 III HII ID <br />584009302019* <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $80,750.00. <br />THIS DEED OF TRUST is dated September 30, 2019, among ERIVES ENTERPRISES, L.L.C., a <br />Nebraska Limited Liability Company whose address is 2517 Mill River Rd, Grand Island, NE <br />68801-4612 ("Trustor"); First National Bank of Omaha, whose address is Branch #070 - Grand <br />Island Branch, 810 Allen Dr, Grand Island, NE 68803 (referred to below sometimes as <br />"Lender" and sometimes as "Beneficiary"); and First National Bank of Omaha , whose address <br />is 810 Allen Dr. , Grand Island , NE 68801 (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 relatingto the real property, includingwithout <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real roperty") located in Hall ounty, <br />State of Nebraska: <br />Lot Five (5), Block One (1), in Wiebe's Addition to the City of Grand Island, Hall County, <br />Nebraska. <br />The Real Property or its address is commonly known as 724 Louise St, Grand Island, NE <br />68801. The Real Property tax identification number is 400138549. <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 />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving <br />line of credit, which obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of <br />the Note. <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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at <br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into <br />this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or <br />result in a default under any agreement or other instrument binding upon Trustor and do not result in a violation of any <br />law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of obtaining <br />from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br />representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti -deficiency" <br />