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<br />�1!!�lLRD r"�EC�E3DED 11�,�lIL Tf3:
<br />F.�cchange Bank ` '
<br />P.O. Box 760
<br />#14 LaBarre
<br />Gibbon NE 68840 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
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<br />THIS DEED OF TRUST is dated March 3, 2011, among BREWCREW PROPERTIES, L.L.C., A
<br />Nebraska Limited Liability Company, whose address is 2720 0 FLANNAGAN ST, GRAND
<br />ISLAND, NE 68803 ("Trustor"); Exchange Bank, whose address is P.O. Box 760, #14 LaBarre,
<br />Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and Exchange Bank, whose address is P.O. Box 760, Gibbon, NE 68840
<br />(referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefft of Lender as Beneflclary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements,
<br />rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation
<br />rights); and all other rights, royalties, and profits relating to the real pro erty, includin without limitation alI minerals, oil, gas,
<br />geothermal and similar matters, (the "Real Property") Iocated in HALL Gounty, State of Nebraska:
<br />LOT SEVEN (7), IN BLOCK TEN (10), IN JOEHNCK'S ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA
<br />T'h� Reai Rraper�y u� �4s ac��ress �s comevs�r�9y E:a�own �� 66� 5 BlSCHELD, �R��l�I l�LAR��
<br />NE 68801. The Real Property tax identification number is 400050129.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus
<br />interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against
<br />Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to
<br />the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or
<br />undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor may be liable individually or
<br />joinUy with others, whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery upon
<br />such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such
<br />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 Borrower or
<br />Trustor whether or not the advances are made pursuant to a commitrnent. Specifically, without limitation, this Deed of Trust
<br />secures, in addition to the amounts spec'rfied in the Note, all future amounts Lender in fts discretion may loan to Borrower or
<br />Trustor, together with all interest thereon.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) alI of Trustor's right, ti�e, and interest in
<br />and to all present and future leases of the Properiy and all Rents from the Properly. In addition, Trustor grants to Lender a
<br />Un'rform Commercial Code securiry interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS
<br />AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
<br />PERFORMANCE OF ANY AND ALL OBLIGAT70NS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED
<br />OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at
<br />Borrower's request and not at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed
<br />of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default
<br />under any aqreement or other instrument binding upon Trustor and do not result in a violation of any law, regulation, court
<br />decree or order applicatile to Tr`ustor; (d) Trustor has established adequate means of obtaining from Borrower on a
<br />continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Trustor
<br />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,
<br />or any other law which may prevent Lender from bringing any action against Trustor, including a ciaim for deficiency to the
<br />aa�tert Lender is ot�ervvise entiUed io a claim fior daficiency, t�fore or after Lender's commencdrrient or completion of any
<br />foreclosure action, either judicially or by 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
<br />Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all
<br />their respective 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
<br />possession and use of the Property shall be govemed 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
<br />the Property; (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,
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