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<br />WHEN RECORDED MAIL TO:
<br />Equltllble Bank
<br />South Locust Br..nch
<br />3012 S locust St
<br />PO Box 160
<br />Gr..nd I..land. NE 68802-0160
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $276,000.00.
<br />
<br />THIS DEED OF TRUSLili!:latad July 22, 200~, among NORTHWIND VENTURES LLC l"Tru!,tor");Equitable
<br />
<br />Bank, whose address is South Locust Branch, 3012 S Locust St, PO Box 160, Grand Island, NE 68802-0160
<br />
<br />(referred to below sometimes ss "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island
<br />
<br />Regionl, whose address Is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to
<br />
<br />below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For v..luable consider..Uon, Trustor conveys to Tru..te.. In trust. WITH POWER OF SALE. for the benefit of
<br />L..nder ... Beneflcl..ry, all of Trustor's right. title. and Interest In and to the following described real property. together with all existing or
<br />aubsaquently 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, roy.ltiea, and profita relatinll 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 />THE SOUTHERLY SIX (6) FEET OF THE NORTHERLY FIFTY-FOUR (541 FEET OF LOTS SIX (6), SEVEN (7),
<br />
<br />AND EIGHT (8), IN BLOCK EIGHT (8) OF WIEBE'S ADDITION TO THE CITY OF GRAND ISLAND, HALL
<br />
<br />COUNTY, NEBRASKA, EXCEPTING THEREFROM A TRACT OF GROUND MORE PARTICULARLY
<br />
<br />DESCRIBED IN DEED BOOK 165, PAGES 161 AND 153.
<br />
<br />The Real Property or its address Is commonly known as 644 S LOCUST, GRAND ISLAND, NE 68801. The
<br />
<br />Real Property tax identification number Is 400139103.
<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 intarest in the Personal Property and Rents.
<br />
<br />THIS DEED DF 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 (BI 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 />
<br />PAYMENT AND PERFORMANCE. Except ae otherwise provided In this Dead of Trust, Trustor shall pay to lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely msnner perform sll of Trustor's obllgstlons under the Note, this
<br />Deed of Trust, end the Relsted Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agreee thet Truetor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />Posse,!s,lon ..nd U.... Until the occurrenca,of a.n Event of Default, Trustor may (1) remain in possession and control of the Property:
<br />(2) use, oparate Or manage the Property; and (3) collect the Rents from the Property.
<br />
<br />Duty to Melntaln. Trustor shsll malntsln the Property in tenantable condition and promptly perform all repairs. replacements, snd
<br />maintenance necessary to preserve itlS value.
<br />
<br />Compllence With Environmental Laws. Trustor represente snd werrsnts to Lender that: (1) During the pariod of Trustor's ownership
<br />of the Property. there has been no use, generetion. manufecture, storage. treatment, disposal, release Or threatened release of any
<br />Hazardous Substance by any parson on, under, about or from the Property; (2) Trustor has no knowledge of, or resson to believe
<br />thet there has bean, except sa previously disclosed to and acknowledged by lender in writing, (al any breach or vlolstlon of sny
<br />Environmental laws. (b) any use, generation. manufacture, storage, treatment, disposal, release or threatened relea.. of any
<br />Ha2ardous Substance on. under. about or from the Property by any prior ownars Or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters: and (3) Except as previously disclosed to and
<br />sCknowledged by lender in writing. (al neither Truetor nor any tenant, contractor, agent or othar authorized user of the Property
<br />shall use. generate, manufacture. store. treat, dispose of or release any Hazardous Subatance on. under. about or from the Property;
<br />and (b) any such activity shsll be conducted In compliance with all applicable federal. state, and local laws. regulations and
<br />ordinances. including without limitation all Environmental laws. Trustor authorizes Lender and its agents to enter upon the Property
<br />to make such inspections and tests. at Trustor's expense. as lender msy deem sppropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any Inspections or tests made by lander shall be for lender's purposes only and shell not be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representetions snd
<br />warranties contained herein are based on Trustor's due diligence In Investigating the Property for H"ardous Substances. Trustor
<br />hareby (1) releases and waives any future claims against lender for Indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend. and hold harmless lender against sny and all
<br />claime. losses, IIsbllltles, damages, pensltles, and expenses which lender may directly or indirectly eustain or euffer resulting from a
<br />breach of thie section of the Deed of Trust or ss s consequence of any use, generation, manufacture. storage. disposal. relee.. or
<br />threatened release occurring prior to Trustor's ownership or intarest in the Property, whether or not the same was or should have
<br />been known to Trustor. The provisions of this section of the Deed of Trust, Including the obllgstlon to Indemnify snd defend, shsll
<br />survive the payment of the Indebtedness and the satisfaction and reconveysnce of the lien of this Dead of Trust and shall not be
<br />affected by lender's sCQUisitlon of any intarest in the Property. whether by foreclosure or otherwise.
<br />
<br />Nuisance, Waste. Trustor shall not cause. conduct or permit sny nuisance nor commit, permit, or suffer any stripping of or waste on
<br />or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Truetor will not remove, or grant to
<br />any other party the right to remove, any timbar, minarals (including oil and gas). coal, clay. scoria, soil. gravel or rock producte
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