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• <br />p <br />1DVJ1SCIV • <br />WHEN RECORDED MAIL TO: <br />LIVE OAK BANKING COMPANY <br />1741 Tiburon Drive <br />Wilmington, NC 28403 <br />nn <br />• <br />FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated December 29, 2021, among JR's RedZone, LLC, whose <br />address is 2030 N. Custer Ave., Grand Island, NE 68803 ("Trustor"); LIVE OAK BANKING <br />COMPANY, whose address is 1741 Tiburon Drive, Wilmington, NC 28403 (referred to below <br />sometimes as "Lender" and sometimes as "Beneficiary"); and Chicago Title Insurance <br />Company, whoseaddress is 11600 College Blvd. Ste 205, Overland Park, KS 66210 (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 relatingto the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real roperty") located in Hall County, <br />State of Nebraska: <br />See Exhibit "A", which is attached to this Deed of Trust and made a part of this Deed of <br />Trust as if fully set forth herein. <br />The Real Property or its address is commonly known as 604 West 3rd Street, Grand Island, NE <br />68801. <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 />law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br />