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~."`. ~. ~~ ~ ~~ ~ ~ V - ti ~ ~ ~_ m ~ ~ t , . ; . ~ z ~ _ ~~ ~ ~; fV ~; n ~ ~ ~, ~ ~ rrl l/7 ~ ° ~ " ~ ~ ~~ ~ "T1 ~ C.Cti ~ x m ~ ~ v en b --i r,7 r ~a ~I 1--- ~ ~ m ~ R' ~ c;~ ~ r~~ e>•o s Z WHEN RECORDED MAIL TO: Exchange Bank ~~o~ ~LGEN Dl~ P.O. Box 760 ~~~~~ ?S[1}`Nc5 NE #14 LaBarre g~a3 __ __. Gibbon, NE 68840 _ ~ T - ,, ,.,_,. FQR,,RECORDER'S USE ONLY, DEED OF TRUST THIS DEED OF TRUST is dated September 17, 2009, among MIK, LLC, A Nebraska Limited Liability Company, whose address is 3021 S LOCUST ST, Grand Island , NE 68801 ("Trustor"1; Exchange Bank, whose address is P,O. Box 760, #14 LaBarre, Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and .Exchange Bank-Grand Island Branch, whose address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"1. CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the fallowing described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State of Nebraska: See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 3021 South Locust St, Grand Island, NE 68801. CROSS-COLLATERALIZATION. In addition to the Npte, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more pf them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined nr undetermined, absolute or contingent, liquidated pr unliquidated, whether Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether nr not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon. Truster presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all pf Trustor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed pf Trust, Trustor shall pay to Lender all amounts secured by 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 Deed pf Trust, and the Related ^ocuments. POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Trustor may 111 remain in possession and control of the Property; (2) use, pperata or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Truster has no knowledge of, or reason to believe that there has been, except as previously disclosed tp and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, Ib- any use, geheration, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior pwners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and 13- Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and Ipcal laws, regulations and ordinances, including without limitation all Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property 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 be construed to create any responsibility or liability on the part of Lender to Trustor or to any other person. The representations and warranties contained herein are based nn Trustor's due diligence in investigating the Prpperty for Hazardous Substances. Trustor hereby 111 releases and waives any future claims against Lender for indemnity or contribution in the event Trustor becomes liable for cleanup or other costs under any such laws; and 12- agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly pr indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and recnnveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. r~