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271 I n n <br />zno, x <br />I <br />WHEN RECORDED MAIL TO: <br />First National Bank of Omaha <br />1620 Dodge Street <br />Omaha. NE 68197 <br />IG <br />FOR RECORDER'S USE ONLY <br />�fnbo <br />1101 I 11 I 101 II 1110 0 III IU <br />01111 <br />11 <br />in <br />111i <br />iu <br />11 <br />1111 <br />111111111111 <br />11 <br />i <br />11 <br />11 <br />584012172021* <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $125,000.00. <br />THIS DEED OF TRUST is dated December 17, 2021, among ERIVES ENTERPRISES, L.L.C., a <br />Nebraska Limited Liability Company whose address is 2517 Mill River Rd, Grand Island, NE <br />68801; ("Trustor"); First National Bank of Omaha, whose address is 1620 Dodge Street, <br />Omaha, NE 68197 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and First National Bank of Omaha , whose address is 810 Allen Dr. , Grand Island , NE 68801 <br />(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 County, <br />State of Nebraska: <br />Lot Nine (9), in Block Three (3), Stewart Place Subdivision in the City of Grand Island, Hall <br />County, Nebraska. <br />The Real Property or its address is commonly known as 2926 Circle Drive, Grand Island, NE <br />68801. The Real Property tax identification number is 400095432. <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 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 />ENTERED AS INSTRUMENT NO <br />