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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank
<br />Diers Avenue Branch
<br />PO Box 1 BO
<br />Grand Island NE 688D2-0160 FOR RECORDER'S USE O~yNLY~
<br />DEED !~~ TRUST ~t~"~
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 551,687.00. ~ \
<br />THIS DEED OF TRUST is dated July $, 2010, among MEI-RUB-SILL HOLSTEINS, INC., whose address is 6409 `~'
<br />N QUANDT RD, GRAND ISLAND, NE 6$$01; A NEBRASKA CORPORATION ("Trustor"); Equitable Bank,
<br />whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island Region), whose
<br />address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68$02-0160 (referred to below as "Trustee"-.
<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 MALL
<br />County, State of Nebraska:
<br />The West Half of the Sou#hwest Quarter (W 1 /2SW 1 /4) of Section Thirteen (13-, Township Twelve (12)
<br />North, Range Nine 19) West of the 6th P.M., Hall County, Nebraska EXCEPT Lat One (1}, Ruben
<br />Subdivision, Hall County, Nebraska and EXCEPT a tract more particularly described in Corporate Warranty
<br />Deed recorded as Document No. 200$04279
<br />The Real Property ar its address is commonly known as 6409 N QUANDT RD, GRAND ISLAND, NE 68807.
<br />The Real Property tax identification number is 4001$576$.
<br />Trustor presently assigns to Lender lalso 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 Lander a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS PEED OF TRUST, INCLUDING TWE ASSIGNMENT OF RENTS AND TWE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (6) 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: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender, (h) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (c- the provisions of this Ueed 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, (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial conclitian; and le-
<br />Lender has made no representation to Trustor about lorrower (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 r..ommencernenf or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Exr,ept as otherwise provided in this Dead of Trust, Borrower shall pay to Lender all Inrlehtedness
<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 />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 />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />12- use, operate or manage the Property; and 13) collect the Rents 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 to preserve its value.
<br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: 111 During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous 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, la) any breach or violation of any
<br />Environmental Laws, Ib- any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners 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 13) Except as previously disclosed to and
<br />acknowledged by Lender in writing, la) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and Ib- any such activity shall 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 may deem appropriate to dPtennine 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 be
<br />construed to create any responsibility or liability on the part of Lender to Trustor or to any other parson. The representations and
<br />warranties contained herein are haled on Trustor's due diligence in investigating the Property for Hazardous Substances. Trustor
<br />hereby (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 121 agrees to indemnify, defend, and hold harmless Lender against any and all
<br />g ~ r~
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