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<br />RECORDED
<br />HALL COUNTY NE
<br />INST 423 0 S 121 2023 SEP 29 P 3: 21
<br />KRISTI WOLD
<br />REGISTER OF DEEDS
<br />C/2g°G
<br />Return to: Brandon S. Connick
<br />Smith Johnson Law Firm
<br />104 N. Wheeler Avenue
<br />Grand Island NE 68801
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is made as of the 30th day of September, 2023. The Trustor is
<br />EAKES, INC., a Delaware Corporation, whose address for purposes of notices in respect to this
<br />Deed of Trust is P.O. Box 2098, Grand Island, Nebraska 68802 and is sometimes identified
<br />herein as "Borrower". The Trustee is BRANDON S. CONNICK, Attorney at Law and member
<br />of the Nebraska State Bar Association, whose address is 104 N. Wheeler Avenue, Grand Island,
<br />Nebraska 68801. The Beneficiary is ABJAL, LLC, a Nebraska limited liability company, whose
<br />address for purposes of notification under this Deed of Trust is 5330 Merrimac Avenue, Dallas,
<br />Texas 75206 and is sometimes identified herein as "Lender".
<br />BORROWER IRREVOCABLY CONVEYS TO TRUSTEE, IN TRUST, WITH
<br />POWER OF SALE, THE FOLLOWING:
<br />Lots One (1), Two (2), Three (3) and Four (4), Block Sixty-one (61), all in the
<br />Original Town, now City of Grand Island, Hall County, Nebraska,
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges, and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including but not limited to heating
<br />and cooling equipment, and together with the homestead or marital interests, if any, which
<br />interests are hereby released and waived; all of which, including replacements and additions
<br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust
<br />and all of the foregoing being referred to herein as the "Property".
<br />This Deed of Trust secures the total sum of NINE HUNDRED SIXTY-NINE
<br />THOUSAND ONE HUNDRED TWENTY and NO/100 DOLLARS ($969,120.00) (hereinafter
<br />referred to as "Debt") as evidenced by Borrower's Deed of Trust Note dated September 30, 2023
<br />(herein called "Note"), which has a stated maturity date of September 30, 2038. This Debt shall
<br />include any and all modifications, extensions, and renewals thereof or thereto, and any and all
<br />future advances and re -advances to Borrower hereunder pursuant to one or more promissory
<br />notes or credit agreements.
<br />This Deed of Trust secures to Lender: (i) the Debt evidenced by said Note; (ii) the
<br />payment of all other sums, with interest, advanced under the provisions hereafter to protect the
<br />security; and (iii) the performance of Borrower's covenants and agreements.
<br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal
<br />power and lawful authority to convey the same, and warrants and will defend title to the real
<br />estate against the lawful claims of all persons.
<br />BORROWER AND LENDER AGREE AS FOLLOWS:
<br />1. Borrower shall pay when due the principal and interest as provided in said Note.
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