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<br />WH�N RECORDED MAIL 70:
<br />Geneva State 8ank
<br />Kearney Branch
<br />3720 2nd Ave.
<br />Kearney�NE 68847 ,,. _,,.,, ,_„_„_,..,.,....,,,,_, FOR RECAHDER'S U5E ONLY
<br />`�'
<br />DEED OF TRUST �
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time S450,000.00. �, �
<br />THIS DEED OF TRUST is datad Dacember 15, 2090, among O'Connor Properties, L.L.C., whose address is
<br />2502-A North Webb �id, Grand Island, NE 68802; a Nebraska Limited Liability Company ("Trustor"); Geneva
<br />Stata Bank, whose address is Kearney Branch, 3720 2nd Ave., Kearney, NE 68847 (reforred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary"►; and GENEVA STATE BANK, whase address is P.O.
<br />Box 313, Geneva, NE fi$369 (referred to below as "7rustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, 7rustar conveys to Trustee in trust, WITH POW�R OF SALE, for the 6enefit of
<br />l.ender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing nr
<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 ell pther rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geathermal and similar matters, (thH ° Real Property IOCated in Hall
<br />County, State of Nebraska:
<br />Unit 101, Crane Valley #2 Condominium Property Regime, in the City of Grand Island, Hall Caunty,
<br />Nebraska
<br />7he Real Property or its address is commonly known as 736 N Diers Ave., Grand Island, NE. The Real
<br />Property tax identification number is �400390841.
<br />CRO5S-COLLATERALIZATION. In addition to the Nota, this Deed of Trust secures all obligations, debts and liabilitiss, plus interest
<br />thereon, of Trustor to Lender, or any ona or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwisa,
<br />whether dua ar not due, direct or indirect, determined or undetermined, ebsolute or contingent, liquidated or unliquidatad, whether Trustor
<br />may be liable individually or jointly with others, whether pbligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such emounts may be or hereafter may become 6arred by any statute of limitativns, and whether the obligation to repay
<br />such amaunts may be or hereafter may becpme otherwise unenforceable.
<br />FU7UR� ApVANCES. In addition to the Nvte, this Deed of Trust secures all future advances made by Lender to 7rustor whether or nnt the
<br />advances ara made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addi#ion to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustpr, togethar with all interest thereon; howaver, in no
<br />avent shall such future advances (excluding interest) exceed in tha aggregate 5450,000.00.
<br />7rustor presently assigns to �ender (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 Lendar a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE AS5IGNMENT OF RENTS ANp 7H� SECURITY INTEREST IN THE R�NTS AND PERSONAL
<br />PROPER7Y, IS GIV�N TO SECURE (A) PAYMEN7 OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL QBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF 7RUS7 IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />PAYMENT AND PERFQRMqNCE. Except as otherwise provided in this Deed of Trust, Trustpr shall pay to L.ender all amounts secured by
<br />this beed of Trust as they becvma due, and shall strictly and in a timely manner perform all of Truator's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />POSS�SSION AND MAINTENANCE QF 7HE PROPERTY. Trustor agrees that Trustor's possession and use af the Property shall be
<br />governed 6y the following provisions:
<br />Possession and Use. Until the occurrenne of an Event of Default, Trustor mey (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. 7rustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />Compliance With Envirvnmsntal Laws. Trustor represents and warrants to Lender that: (1) During the peripd af Trustor's ownership
<br />qf the Property, there has been no use, genaration, manufacture, storage, traatmant, disposal, release or threatened release of any
<br />Hazardpus 5ubstance by any person on, undar, a�out or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has 6ean, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of eny
<br />Environmental Lews, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, abaut or from the Property by any prior ownars or occupants of the Property, or (c) any actual or
<br />threatened litigation or claims of eny kind by any person relating to suph matters; and (3) Except as previously disclased to and
<br />acknowledged by Lender in writing, (a) 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 (b) any such activity shall ba conducted in compliance with all applicable federal, state, and local laws, ragulations and
<br />ordinances, including without limitatipn all Environmental Laws. Trustor authprizes Lender and its agents to enter uppn the Property
<br />ta make such inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine compliance of the Property
<br />with this seatian of the �eed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall nqt be
<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 7rustor's due diligence in invastigating the Property for Hazardous Substances. Trustor
<br />hereby (1) releases and waives any futura claims against Lender for indemnity or contribution in the event Trustor becomes liable for
<br />cleanup or other costs under any such laws; end (2) agrees to indemnify, defend, and hold harmless Lender against any and all
<br />claims, Iosses, liabilities, damages, penalties, and expenses which l.ender may directly or indirectly sustain or suffer resulting from a
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