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<br />WHEN F`FCORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 1 fi0
<br />Grand Island NE 802-0160 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed a# any one time $60,160.50.
<br />THIS DEIzD OF TRUST is dated June 19, 2009, among J & B Rentals, L.L.C., whose address is 1611 N St Paul
<br />Rd, Grand Island, NE 68801 ("Truster"); Equitable Bank, Whose address is Diers Avenue Branch, PO Box 160,
<br />Grand Island, NE 6$802-0160 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"-;
<br />and Equitable Bank (Grand Island Regionl, whose address is 113-115 N Locust St; PO Box 160, Grand Island,
<br />NE 68802-0160 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. Fnr 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 rightsl; 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°) IOCated in Hall
<br />County, State of Nebraska:
<br />Lot Two Hundred Seventy (270), in West Lawn, an Addition to the City of Grand Island, Hall County,
<br />Nebraska
<br />The Real Property or its address is commonly known as 1315 N Huston Ave, Grand Island, NE 68801, The
<br />Real Property tax identification number is 400117649.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (else 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 />Cade security interest it the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANb PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE fA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, 1 HE RELATED bOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN ANp ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed 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 manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OY= THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />Possession and Use. Until the .r~;currence of an Event of f7efault, Trustor may (1) remain in possession and control of the Property;
<br />121 use, operate or manage thri Property; and 13) collect the Rants from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary ta.preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustar's ownership
<br />of the Property, there has beeri no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Wazardous Substance by any person on, under, about or from the Property; 121 Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by Lender in writing, la1 any breach or violation of any
<br />Environmental Laws, 11.1 any use, generation, manufacture, storage, treatment, disposal, release ar threatened release of any
<br />Hazardous Substance o~i, under, about or from the Property by any prior owners or occupants of the Property, or Icl any ar•.tual or
<br />threatened litigation o~ claims of any kind by any person relating to such matters; and 131 Except as previously disclosed to and
<br />acknowledged by Ler- fir in writing, la1 neither Trustor nor any tenant, contractor, agent or other authnrired user of the Property
<br />shall use, generate, manufacture, store, treat, disease of or release any Hazardous Substance on, under, about or from the Property;
<br />and Ib1 any such E,tivity shall be conducted in compliance with all applicahle federal, state, and local laws, regulations and
<br />ordinances, including ~;,iithout limitation all Environmental Laws. Truster authorizes Lender and its agents to enter upon the Property
<br />to make such inspecxic~ns and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not he
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and
<br />warranties contained herein are based "on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases rind waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other cans under eny such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, losses, liabilir a+s, damages, ~e'rralties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a
<br />breach of this section of the Deed ofrTrust or as a consequence of any use, generation, manufacture, storage, disposal, release or
<br />threatened release ccrurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have
<br />been known to Trustor. The pro °sions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall
<br />survive the payment of the Inder edness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be
<br />affected by Lender's acquisition r any interest in the Property, whether by foreclosure or otherwise.
<br />Nuisance, Waste. Trustor shall ~~.>~ cause, conduct or permit any 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, Trustor will eat remove, or grant to
<br />any other party the right to rernc!ye, any timber, minerals (including oil and gall, coal, clay, scofia, soil, gravef•,or rock products
<br />Zr.
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