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- <br />� <br />N � <br />0 � <br />� <br />� � <br />� � <br />B <br />y �� <br />�� <br />� <br />yI �1� <br />� <br />• <br />� <br />!l1 <br />°'/I <br />C <br />� � <br />� � � <br />� _ <br />��� <br />� � <br />� <br />� �� <br />� <br />rv <br />� n U' O <br />�'`�-+ o --i <br />� _ z � N <br />� t' , " � � � d <br />��? �" � _ � � � M—' <br />o �_ �V O � <br />� � � � <br />c� � � = rn O <br />D � <br />—` 3 � v � <br />� � � <br />o � �'� c,� � <br />o � � � ��� <br />rv <br />o ,� <br />� <br />o �" � ct� <br />u� <br />WHEN RECORDED MAIL TO: s � <br />Cornerstone Bank <br />Central City Facility � �� <br />1631 16th Street <br />Central Citv NE 68826-1815 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated June 24, 2071, among Midwest Premier Investments LLC; A Nebraska Limited <br />Liability Company 1"Trustor"); Cornerstone Bank, whose address is Central City Facility, 1631 16th Street, <br />Central City, NE 68826-1815 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as <br />"Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideratlon, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the beneftt of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described reai 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 rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermel and similar matters, (the ° Reel PI'Ope1°ty IOCet�d In H811 <br />County, State of Nebraska: <br />The Northerly One Half (N1/2) of Lot Six (6), in Block Forty Two (42), in Russel Wheeler's Addition to the <br />City of Grand Island, Hall County, Nebraska <br />The Real Property or its address is commonly known as 1109 N Wheeler Avenue, Grand Island, NE <br />68801-3774. <br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust sacures 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 individualiy or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether <br />recovery upon such amounts may be or hereafter mey become barred by any statute of limitations, and whether the obligation to repay <br />such amounts may be or hereafter may bacome otherwise unenforceable. <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures ell 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 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. In addition, Trustor g�ants 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 AIVD (61 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 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 shall maintain the Property in tenantable condition and promptly pertorm all repairs, replacements, and <br />maintenance necessery to preserve its value. <br />Compliance With Envirpnmental Laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership <br />of tha Property, there has been no use, generetion, manufacture, storage, treatment, disposal, release or threatened release of any <br />Haaardous 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 of any kind by any person relating to such matters; and (3) Except as previously disclosed to and <br />acknowiedged 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 Hezardous 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 locel laws, regulations and <br />ordinances, including without limitation all Environmental Laws. Trustar 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 hold harmless Lender against any and all <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, manufacture, storage, disposal, release or <br />threatened release occurring prior to Trustor's ownership or interest in the Property, whether or not the same was or should have <br />been known to Trustor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall <br />