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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 September 16, 2011, among RHOADS ENTERPRISES INC, <br />whose address is 4204 UTAH AVE, GRAND ISLAND, NE 68803; A Nebraska Corporation <br />( "Trustor "); Equitable Bank, whose address is North Locust Branch, 113 -115 N Locust St, PO <br />Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose address is <br />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, <br />for the benefit of Lender as Beneficiary, 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 <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT 27 OF HAWTHORNE PLACE, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />AND <br />LOT FOUR (4), GILBERT'S SUBDIVISION OF BLOCK ONE (1), GILBERT'S SECOND <br />ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />AND <br />LOTS THREE (3) AND FOUR (4), IN BLOCK FOUR (4), GLADSTONE PLACE, AN ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 915 S SYCAMORE ST, 1712 N EDDY <br />ST, 2915 & 2923 W LOUISE ST, GRAND ISLAND, NE 68801 -7958. The Real Property tax <br />identification number is 400043750, 400135744, 400136058 & 400136066. <br />CROSS- COLLATERALIZATION. In addition to the Note; this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise., whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />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 <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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 <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial 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 <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />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 <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />IT <br />N <br />0 � <br />---1 <br />mm <br />1 00-0i <br />0 <br />y <br />zm <br />m <br />� <br />Iv m <br />o �o <br />Cn <br />�O <br />O 0 <br />20 <br />OTZ <br />� <br />OD 0 <br />(o Z D TI <br />m <br />DCo <br />O Z <br />T< <br />cD <br />06� <br />m O Cl �a <br />D <br />r cn <br />C�JI C <br />to 0 <br />M <br />0 <br />m <br />.0. <br />0 o <br />o <br />OD <br />z <br />v' <br />CO <br />z <br />0 <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 September 16, 2011, among RHOADS ENTERPRISES INC, <br />whose address is 4204 UTAH AVE, GRAND ISLAND, NE 68803; A Nebraska Corporation <br />( "Trustor "); Equitable Bank, whose address is North Locust Branch, 113 -115 N Locust St, PO <br />Box 160, Grand Island, NE 68802 -0160 (referred to below sometimes as "Lender" and <br />sometimes as "Beneficiary "); and Equitable Bank (Grand Island Region), whose address is <br />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, <br />for the benefit of Lender as Beneficiary, 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 <br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT 27 OF HAWTHORNE PLACE, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />AND <br />LOT FOUR (4), GILBERT'S SUBDIVISION OF BLOCK ONE (1), GILBERT'S SECOND <br />ADDITION, TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />AND <br />LOTS THREE (3) AND FOUR (4), IN BLOCK FOUR (4), GLADSTONE PLACE, AN ADDITION <br />TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />The Real Property or its address is commonly known as 915 S SYCAMORE ST, 1712 N EDDY <br />ST, 2915 & 2923 W LOUISE ST, GRAND ISLAND, NE 68801 -7958. The Real Property tax <br />identification number is 400043750, 400135744, 400136058 & 400136066. <br />CROSS- COLLATERALIZATION. In addition to the Note; this Deed of Trust secures all obligations, debts and liabilities, <br />plus interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor <br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of <br />the Note, whether voluntary or otherwise., whether due or not due, direct or indirect, determined or undetermined, <br />absolute or contingent, liquidated or unliquidated, whether Trustor may be liable individually or jointly with others, <br />whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts <br />may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts <br />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 <br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust <br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to <br />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 <br />interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commercial 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 <br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF <br />ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS <br />DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all <br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of <br />Trustor's obligations under the Note, this Deed of Trust, and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the <br />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 <br />control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. <br />