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DEED OF TRUST 200307054 <br />Loan No: 777743 (Continued) Page 2 <br />THE WESTERLY TEN (10) FEET OF THE NORTHERLY SEVENTY -FIVE (75) FEET, AND THE WESTERLY <br />FOUR (4) FEET OF THE SOUTHERLY FIFTY -SEVEN (57) FEET OF LOT ONE (1), ALSO THE EASTERLY <br />TWENTY -SEVEN (27) FEET OF LOT TWO (2), ALL IN BLOCK FIFTEEN (15), IN THE ORIGINAL TOWN, <br />NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />LOT SIX (6) IN BLOCK FORTY -THREE (43), OF RUSSEL WHEELER'S ADDITION TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA <br />LOT ELEVEN (11) IN HIDDEN LAKES SUBDIVISION NO. TWO (2), BEING A PART OF THE SOUTHEAST <br />QUARTER OF THE NORTHEAST QUARTER (SE1 /4NE1/4), AND PART OF THE NORTH HALF OF THE <br />NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (N1/2NE1/4SE1/4) OF SECTION THIRTEEN (13), <br />TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA <br />LOT EIGHT (8), IN BLOCK TWENTY -SEVEN (27), IN THE ORIGINAL TOWN, NOW CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA <br />THE NORTH SIXTY FOUR (64) FEET OF LOT FOUR (4), BLOCK TWENTY SEVEN (27), ORIGINAL TOWN, <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />WEST ONE -HALF (W1/2) LOT FIVE (5) BLOCK NINE (9) ORIGINAL TOWN OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />THE SOUTHERLY FIFTY -TWO (S52') FEET OF LOT ONE (1) IN BLOCK EIGHT (8), ORIGINAL TOWN OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />LOT ONE IN BLOCK SEVENTY (70), IN WHEELER AND BENNETT'S SECOND ADDITON TO THE CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA ' <br />THE NORTHERLY FIFTY FEET (N50') FEET OF LOT EIGHT (8), BLOCK NINETEEN (19), ROLLINS ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 822 N KIMBALL, 908 W KOENIG, 814 N SYCAMORE, <br />407 W 6TH, 322 W 11TH, 239 S LAKESIDE DR, 422 E 4TH, 403 E 5TH, 324 W 6TH, 614 N LOCUST, 121 E <br />4TH, 374 N CLARK, GRAND ISLAND, NE. <br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower <br />or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $300,000.00. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no 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" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br />t <br />i <br />