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� <br />�i <br />N � " <br />B �� <br />�� - <br />� <br />N �� <br />� <br />C71 �� <br />� �� <br />�� <br />� <br />� <br />�� <br />V <br />AA <br />� <br />� <br />Z <br />�� <br />7� _ <br />_ � � � <br />G <br />d <br />� <br />� � <br />._... <br />= ~ <br />D �� <br />r �- � <br />� f', • _� <br />�.. � ^� <br />(�: ' <br />� i, f-� <br />�' <br />n ri- � <br />,� <br />T Cw7 <br />O � > �'-. � f' <br />f�l t <br />O <br />c> cn <br />o --� <br />c D <br />Z "'{ <br />� � <br />� � <br />Q � <br />�''' z <br />S f'tl <br />D C� <br />r � <br />r ,. <br />� <br />�..� v <br />� <br />� <br />O <br />N <br />Q <br />`�a <br />F--• <br />O <br />N <br />crt <br />�n <br />U� <br />WHEN RECORDED MAIL TO: <br />CORNERSTONE BANK ��, "` <br />Grand Island Main Facility ul/ <br />840 North Diers Avenue <br />Grand Island NE 68803 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 1, 2011, among HE-LO Properties, L.L.C.; A Nebraska Limited Liabifity <br />Company ("Trustor"); CORNERSTONE BANK, whose address is Grand Island Main Facility, 840 North Diers <br />Avenue, Grand Island, NE 68803 (referred to beiow sometimes as "Lender" and sometimes as °Beneficiary"�; <br />and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (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 />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; ail water, water <br />rights and ditch rights Iincluding stock in utilities with ditch or irrigation rights); and atl 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 Hell <br />County, State of Nebraska: <br />Lots Six (6) and Seven (71, Starostka Subdivision, in the City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 3030 West Old Highway 30, Grand Island, NE <br />68803-5226. <br />CROSS-COLLATERALIZATION. 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 Lender, or any one or more of them, as well as alI 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 to the purpose of the Note, whether <br />voluntery 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 or 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 6y Lender to Borrowar 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 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 />Code security interest in the Personal Properry and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN 7HE RENTS AND PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF 7HE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND 7HIS DEED OF TRUST. TIi4S DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTQR'S REPRESENTATIONS AND WARRANTlES. Trustor warrants that: (a1 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 information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (incfuding 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, inc�uding 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 perform 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 Default, Trustor may (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. Trustor shalf 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 represe�ts and warrants to Lender that: (11 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 breach or violation of any <br />Environmental Laws, (b) any use, generation, manufacture, storage, treaiment, 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 Icy 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 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 be conducted in compliance with all applicable federal, state, and local laws, regulations and <br />ordinences, including without limitation a{{ Environmental Laws. Trustor authorizes Lender and its agents to enter upon the Property <br />V � <br />� <br />