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� <br />� <br />- <br />N � <br />0 � <br />j - <br />0 <br />N <br />� <br />� � <br />- <br />� <br />� <br />� <br />n�i <br />C <br />= o <br />^ D N <br />� .Ti <br />A <br />� � <br />� <br />� <br />.-� <br />a `•, `�` <br />D � � <br />� J - O <br />, �... , � <br />r-, Y: ,, . . <br />G � <br />� ��_._ �� <br />r*7 <br />� <br /><n - � <br />r*�i � <br />�1 <br />F--� <br />O 'f..�.,,;�.�.) Q <br />1� [' _ � <br />v �— W <br />c,a <br />c> � <br />o --� <br />C D <br />Z � <br />--1 <br />� O <br />C� � <br />� � <br />= rn <br />D rn <br />r � <br />t A <br />� <br />� <br />n <br />� <br />� <br />e � <br />� m <br />� v <br />� <br />� � <br />F--a � <br />O <br />N <br />� <br />U� � <br />� � <br />l�rn/ ,� n✓ � <br />WHEN RECORDED MAIL TO: <br />Equitable Bank <br />North Locust Branch <br />113-115 N Locust St <br />PO Box 160 <br />Grand Island NE 68802-0160 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 12, 2011, among J& B RENTALS, L.L.C., whose address is 318 N <br />Madison St., GRAND ISLAND, NE 68802; A Nebraska Limited Liability Company ("Trustor"►; Equitable Bank, <br />whose address is North Locust Branch, 113-115 N Locust St, PO Box 160, Grand Island, NE 68802-0160 <br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Equitable Bank (Grand Island <br />Region), whose address is 113-115 N Locust St; PO Box 160, Grand Island, NE 68802-0160 (referred to <br />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 rightsl; 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 />Fractional Lot Five (5), in Fractional Block Ten (10) of Arnold and Abbott's Addition and its complement, <br />to-wit; Gractional Lot Five (5) in Fractional Block Nineteen (19) in Rollin's Addition, both additions to the <br />City of Grand Island, Hall County, Nebraska. <br />�� <br />The Real Property or its address is commonly known as 922 W North Front St., GRAND ISLAND, NE 68801. <br />The Real Property #ax identification number is 400085631. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, 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 />whether 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 guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay <br />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 by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment: Specitically, 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 Trustor, together with all interest 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. �n addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by <br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this <br />Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE 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 Defauli, 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 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 breach or violation of any <br />Environmental Laws, (b) 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 ot any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowtedged 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 />ordinances, including without fimitation 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 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 person. The representations and <br />warranties contained herein are based 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 (2) agrees to indemnify, defend, and hgl.d �armless �Lendsr against any and all <br />claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or iracfirectly�su3tain b suf'Fer resulting from a <br />