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<br />WHEN RECORDED MAIL TO:
<br />Minneapolis Loan Ops Center
<br />And: Collateral Processing - Rep III
<br />730 2nd Ave. Routh Some
<br />M' I' MN 55479 FOR RECORDER'S USE ONLY p S
<br />O
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $240,000.00.
<br />THIS DEED OF TRUST is dated September 10, 2002, among Equity & Land, LLC, a Nebraska Limited Liability
<br />Company, whose address is 120 Forest Blvd, Hastings, NE 68901; ( "Truster "); Wells Fargo Bank Nebraska,
<br />National Association, whose address is Hastings, 747 No. Burlington, Hastings, NE 68901 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Wells Fargo Financial National Bank, whose
<br />address is 1919 Douglas Street, Omaha. NE 68102 (referred to below as "Trustee').
<br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust, WITH POWER OF SALE, far the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and Interest in and to the following described real property, together with all existing or
<br />subsequently erected or attixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances: all water, water
<br />rights and ditch rights (including stock In stiff. with ditch orimgation rights); and all ether rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located In Hall
<br />County, State of Nebraska:
<br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
<br />forth herein.
<br />The Real Property or its address is commonly known as XXX (Vacant Land), Grand Island, NE 68801. The
<br />Real Property tax identification number is 400076861, 400076888, 400076896
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Irustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents free+ fha Property. it 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust Trustor shall pay to Lander all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Tmstor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trusror's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (11 remain In possession and control of the Property;
<br />(2) use, operate or manage the Property: and 131 collect the Rents from the Property.
<br />Duty to Maintain. Iresmr shall maintain the Property in tarantella condition and premptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that (1) During the perind of Trustor's ownership
<br />of the Property, there has been no e, generation, manufacture, storage, treatment disposal, eleaso or threatened release of any
<br />Hazardous Substance by any person chr untler, about or from me Property; (2) Truster has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to antl ocknow(edged by Lender in writing, (a) any breach or violation of any
<br />Env mental Laws, Ill any use, generation, manufacturer storage, lro.onvot disposal, raises. or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of No Property, or (n) any actual or
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