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NE 68902 <br /> <br />~I\ <br />c:::> 1>>: <br />OWl <br />~I <br />~i <br />O)~ <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />THIS DEED OF TRUST is dated May 1, 2007, among CHLONA TE, LLC; A Nebraska Limited liability Company <br />("Trustor"); HASTINGS STATE BANK, whose address is MAIN BRANCH, 530 N BURLINGTON, PO BOX 2178, <br />HASTINGS, NE 68902 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901 (referred to below <br />as "Trustee"). <br /> <br />DEED OF TRUST <br /> <br />~\ <br />\. <br /> <br />c.::~ <br /> <br />'~~ <br />,:-:., <br /> <br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE. for 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 affixed buildings. improvements and fixtures; all easements. rights of way. and appurtenances; all water. water <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other 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 /> <br />County, State of Nebraska: <br /> <br />PART OF LOT ONE (1), DESERT ROSE SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br /> <br />NEBRASKA MORE PARTICULARLY DESCRIBED AS FOLLOWS: <br /> <br />A TRACT OF LAND IN THE SOUTH ONE-HALF (S1/2) OF THE SOUTHWEST QUARTER OF THE <br /> <br />SOUTHWEST QUARTER (SW1/4 SW1/4) OF SECTION TWENTY SEVEN (27). TOWNSHIP ELEVEN (11) <br /> <br />NORTH RANGE NINE (9) WEST OF THE 6TH P.M" HALL COUNTY, NEBRASKA, MORE PARTICULARLY <br /> <br />DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST <br /> <br />QUARTER OF THE SOUTHWEST QUARTER (SW1/4 SW1/4) AND RUNNING EASTERLY ON THE <br /> <br />SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW1/4 SW1/4) A <br /> <br />DISTANCE OF THREE HUNDRED SEVENTY-FIVE (375) FEET; THENCE DEFLECTING LEFT 900 38' AND <br /> <br />RUNNING NORTHERLY A DISTANCE OF ONE HUNDED THIRTY AND TEN HUNDREDTHS (130.10) FEET <br /> <br />TO THE ACTUAL POINT OF BEGINNING; THENCE DEFLECTING LEFT 620 31' AND RUNNING <br /> <br />NORTHWESTERLY A DISTANCE OF ONE HUNDRED SEVENTY-FOUR AND FORTY HUNDREDTHS (174.40) <br /> <br />FEET; THENCE DEFLECTING RIGHT 210 7' AND RUNNING NORTHWESTERLY A DISTANCE OF ONE <br /> <br />HUNDRED NINETY-THREE AND FORTY HUNDREDTHS (193.40) FEET; THENCE DEflECTING RIGHT 150 7' <br /> <br />AND RUNNING NORTHWESTERLY A DISTANCE OF SIXTY-ONE AND THIRTY HUNDREDTHS (61.30) <br /> <br />FEET; THENCE DEflECTING RIGHT 220 40' AND RUNNING NORTHERLY A DISTANCE OF TWO HUNDRED <br /> <br />FIFTY-THREE (253) FEET, THENCE RUNNING EASTERLY A DISTANCE OF THREE HUNDRED <br /> <br />TWENTY-FIVE (325) FEET TO A POINT BEING SIX HUNDRED FIFTY-FOUR AND EIGHTY HUNDREDTHS <br /> <br />(654.80) FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID SOUTHWEST QUARTER OF THE <br /> <br />SOUTHWEST QUARTER (SW1/4 SW1/4); THENCE RUNNING SOUTHERLY A DISTANCE OF FIVE <br /> <br />HUNDRED TWENTY-FOUR AND SEVENTY HUNDREDTHS (524.70) FEET TO THE ACTUAL POINT OF <br /> <br />BEGINNING EXCEPT THAT PORTION DEEDED TO THE CITY OF GRAND ISLAND, NEBRASKA AS <br /> <br />CONTAINED IN DEED RECORDED SEPTEMBER 19, 2000 AS INSTRUMENT NO. 2000-07698, RECORDS <br /> <br />OF HALL COUNTY, NEBRASKA. <br /> <br />The Real Property or its address is commonly known as 3235 S LOCUST, GRAND ISLAND, NE 68801. <br /> <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 /> <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 THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> <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 /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall perform all their respective obligations under the Note, <br />this Deed of Trust, and the Related Documents. <br /> <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's possession and use of <br />the Property shall be governed by the following provisions: <br /> <br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property; <br />(2) use. operate or manage the Property; and (3) collect the Rents from the Property. <br /> <br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />