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Box 76p � <br />#14 LaBsrre <br />i NE 68840 FOR RECORbER'S U E NLY � <br />DEED OF TRUST <br />G <br />�_. <br />7H15 DE�D OF TRUST is d�ted November 29, 2090, among Mid-Country Trading, LLC, A Nebraska Limited <br />Liability Company ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre, Gibbon, NE <br />6$$40 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Exchange Bank, whose <br />address is P.O. Box 5793, Grand Island, NE 68802 (referred to below as "Trustee"1. <br />CONVEYANCE AND GRANT. For valuable consideration, Trus#or conveys to Trustea in trust, WITH PpWER �F SALE, for the benefit of <br />Lender as Beneficiary, all vf Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; alI water, water <br />rights and ditch rights (including stock in utili#ies with ditch or irrigation rights►; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property IdC�tBd in Hall <br />County, S#ate of Nebraska: <br />PARCEL 1: Lot One �71, in Park Island Square Fourth (4th) Subdivisian, in the City of Grand Island, Hall <br />County, Nebraska and <br />PARCEL 2: Lot Two 1�1, Park Island Square Sixth 16th) Subdivision, in #he City of Grand Island, Hall <br />County, Nebraska and <br />PARCEL 3: Lat 7wo (2). Park Island Square Fifth (5th) Subdivision and Lot One (11, Park Island Square <br />Sixth (6th) Subdivision, all located in the city af Grand Island, Hall County, Nebraska. <br />The R�al Property or its address is commonly known as Park Island Square, Grand Island, NE 6$$03. <br />CROSS-GOLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligetions, debts and liabilities, plus interest <br />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 of them, <br />whethar now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor <br />may be liable individually or jointly with others, whether obligated as guarantnr, surety, accommodation party or otherwise, and whether <br />racovery upon such amounts may be or hereafter may become barred by any statute of limita#ions, and whether the obligation to repay <br />such amounts may be or hereafter may become otherwise unenforceable. <br />FU1'URE 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 7rustor, together with all interest thereon. <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 pf the Property and all Rents from the Property. In addition, Trustqr grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED pF TRUST, INCWDING THE ASSIGNMENT OF RENTS AND THE SECURI7'Y INTEREST IN THE RENTS AND PERSpNAL <br />PROPERtY, 15 GIVEN TO SECURE (p) PAYMENT OF THE INDEBTEDNE55 AND (B) PERFORMANCE pF ANY AND ALL OBLIGATIpNS <br />UNDER THE NQTE, THE RELATED DOCUMENTS, AMD THIS DEED O� TRUST. TMIS DEEU OF TRUST IS GIVEN AND ACCEPTED ON 7HE <br />FOI.I.OWING TERMS: <br />PAYMENT AND RERFORMANCE. Except as otherwise provided in ihis Deed of Trust, Trus[or shall pay to Lender all amounts secured by <br />this Deed of Trust as thay become due, and shall strictly and in a timely menner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />PQSSESSION AND MAIN7ENANCE OF 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 occurrence of an Event of Default, Trustor may (1) remain in possessivn and control of the Property; <br />12► use, operate or manage the Property; and (3) collect the Rents from the Property. <br />Duty to Maintsin. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and <br />maintenance necessary to preserve its velue. <br />Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustpr'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; (2) Trustor has no knowledge of, or reason to 6elieve <br />that there has 6een, except as previously disclosad to and acknowledged by lender in writing, (a) any breach or violation af any <br />Envirpnmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release vr. threatened release of any <br />Hazardous Substance on, under, abaut 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 (3) Except as previously disclosed to and <br />acknowledged 6y Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the'Prvperty <br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; <br />and (b) any such activity shall be conducted in compfiance with all appficabfe 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 determine compliance of the Property <br />with this section pf the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be <br />construed tn create any responsibility or liability on the part of Lender to 7rustor or to any other person. The representatians and <br />warranties contained herein are based on Trustor's due diligence in investigeting the Property for Hazardous Substances. Trustor <br />hereby (1) releases and waives any fuiure claims against Lender for indemnity or contribution in the event Trustor 6ecomes liable for <br />cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and aIl <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a <br />breach of this section of the Deed of Trust or as a consequence of any use, generation, manufecture, storage, disposal, release or <br />_ � <br />� <br />