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<br />WHEN RECORDED MAIL TO:
<br />Equitable Bank J�,'T � L; lV v
<br />Diers Avenue Branch
<br />PO Box 160
<br />Grand Island NE 68802-0160 FOR RECORDER'S USE OIVLY
<br />DEED OF TRUST U,�
<br />'/
<br />THIS DEED OF TRUST is dated February 23, 2011, among LBE FAMILY LIMITED PARTNERSHIP, whose
<br />address is 716 W 2ND ST, GRAND ISLAND, NE 68801; A NEBRASKA LIMITED PARTNERSHIP ("Trustor");
<br />Equitable Bank, whose address is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred
<br />to below sometimes as "Lender" and sometimes as "Seneficiary"); and Equitable Bank (Grand Island Region),
<br />whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (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 />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 />subsequentfy erected or affixed buitdings, irnprovements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch or irriyation 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 HALL
<br />County, State of Nebraska:
<br />See Exhibit"A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
<br />forth herein.
<br />The Real Property or its address is commonly known as 2614-2618 N KRUSE, 531 KENNEDY, 1111-1115 W
<br />10TH STREET, 2616-2620 W ANNA STREET, 805-807-809-811 W 12TH STREET, 660 FAIDLEY CT,
<br />2221-2223-2225 W COTTAGE & 2624 WEST LAMAR AVENUE, GRAND ISLAND, NE 68803. The Real
<br />Property tax identification number is 400033569, 400033585, 4001415$2, 400129566, 400136368,
<br />400123452, 400036010, 400033917 & 400111233.
<br />CROSS-COLLATERALfZAT10N. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lerider, or any one or more of them, as well as all claims by Le�der against Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, fiquidated 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 or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereaiter may become otherwise uneniorceable.
<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 Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon.
<br />Trustor presently assigns to �ender (also known as Beneficiary in this Deed of Trustl 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 Cvmmercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECUFi1TY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE �A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF 7RUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS ANP WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) 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 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; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis iniormation about Borrower's financial condition; and (e)
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<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, either judicially or by
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly periorm all their respective
<br />obligations under the Note, 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 Defauft, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents frorn 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: (1) 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; (2) 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, (a), any breac�h or violation of any
<br />. � � ��
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