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<br />WHEN RECORDED A TO:
<br />Equitable Bank
<br />Diers Avenue Branch ~?~ , j Q
<br />PO Box 1 BO /
<br />.....~a~Sl Island, NE 68802-0160 _____ _„ ,, , ,, FOR„.R,FCORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $790,000.00.
<br />THIS DEED OF TRUST is dated November 12, 2009, among Big B, Inc.; A Nebraska Corporation ("Trustor");
<br />Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 6$$02-0160 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Regionl,
<br />whose address is 713-115 N Locust St; PO Box 160, Grand Island, NE 68$02-01 BO (referred to below as
<br />"Trustee"-.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lander ss Benenciary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irrigation rights; and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oit, gas, geothermal and similar matters, (the "Real Property") located in Hall
<br />County, State of Nebraska:
<br />A tract of land comprising a part of the Northwest Quarter of the Southeast Quarter (NW1/4SE1/4) of
<br />Section Thirteen (13), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., in the City of
<br />Grand Island, Hall County, Nebraska, more particularly described as follows:
<br />Beginning at the southwest corner of said Northwest Quarter of the Southeast Quarter (NW1/45E1/4);
<br />thence running northerly along the west line of said Northwest Quarter of the Southeast Quarter
<br />(NW1/4SE1/4-, on an Assumed Bearing of N 01° 36' 53" W, a distance of Five Hundred Sixty. Five_and
<br />Eighty Hour Hundredths (565.84) feet, to the southwest corner of Lot Nine (91 Richmond Subdivision;
<br />thence running N 89° 13' 49" E, a distance of Four Hundred Seventy Three and Eighteen Hundredths
<br />(473.1$) feet, to the northwest corner of Lot Five 151, Richmond Fourth Subdividion; thence running S 01 °
<br />30' 4$" E, a distance of Two Hundred Twenty (220.00) feet, to the southwest corner of Lot Five (5),
<br />Richmond Fourth Subdivision; thence running N 88° 29' 07" E, a distance of Nineteen and Two
<br />Hundredths (19.02) feet, to the northwest corner of the Arlington Circle right of way; thence running S
<br />01 ° 30' 57" E, a distance of Three Hundred Forty Six and Eighty Five Hundredths (346.85) feet, to the
<br />southwest corner of Lot Three (3), Richmond Fourth Subdivision, and to a point on the south line of said
<br />Northwest Quarter of the Southeast Quarter (NW1/4SE1/4); thence running S 89° 19' 51" W, along the
<br />south line of said Northwest Quarter of the Southeast Quarter (NW1/43E1/41, a distance of Four Hundred
<br />Ninety One and Twenty Two Hundredths (491.22) feet, to the point of beginning.
<br />The Real Property or its address is commonly known as The West End of Arlington Circle, Grand Island, NE
<br />6$803. The Real Property tax identification number is 400150204.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated t° the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be ar hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Nota, ali future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon.
<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 />Coda security interest in the Personal Property and Rents.
<br />TH15 DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, 15 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS ANp IBI 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (al this Deed of Trust is executed at Borr°wer's request and
<br />not at the request of Lender; (b) Trustor has the full power, right, and auth°rity to enter into this Deed of Trust and to hypothecate the
<br />Property; Ic) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Idl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowerl.
<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, Dither judicially or by
<br />~3 a1 is ~~
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