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� <br />.� <br />�� <br />��� <br />N �� <br />0 = <br />� � <br />0 '�' <br />�, �� <br />.� <br />�� <br />.�� <br />�� <br />� <br />.� <br />� <br />� <br />C <br />� � � <br />X � .. <br />�'f N <br />�� � � <br />� � <br />� s , <br />D � � <br />r � <br />n �� -�o <br />c � <br />� � N <br />m <br />c'� <br />� � <br />r; 3 <br />� <br />� <br />° � o <br />`�m � cr� <br />� � <br />0 <br />� <br />c� cn <br />o --i <br />c � <br />� m <br />� <br />� o <br />o � <br />-n Z <br />= m <br />D a� <br />r � <br />r n <br />cr� <br />� <br />s� <br />.�.,. <br />� <br />� <br />WHEN RECORDED MAIL TO: <br />� Exchange Bank <br />P.O. Box 760 <br />-- � #14 LaBarre <br />Gibbon, NE 68840 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST ls dated September 12, 2011, among Meridian Propertles, LLC, A <br />Nebraska Limited Liability Company, whose address is 152 PONDEROSA COURT, GRAND <br />ISLAND, NE 68803 ("Trustor"1; Exchange Bank, whose address is P.O. Box 760, #14 LaBerre, <br />Gibbon, NE 68840 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); <br />and Exchange Bank-Gibbon, whose address is P.O. Box.760, Gibbon, NE 68840 (referred to <br />below as °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 Trustar'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 />easemants, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with <br />ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real propert including without <br />limitation all minerals, oil, gas, geothermal and similar matters, (the ° Real Property IOCBte in Hall County <br />State ot Nebraska: <br />Lot Two {2), Richmond Second Subdivision, in the City of Grand Island, Hall County, <br />Nebraska <br />The Real Property or its address is commonly known as 603 N. Diers Ave., Grand Island, NE <br />68803. <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 ralated 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 jointiy 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 ba 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 allinterestthereon. <br />Trustor presently assigns to Lender (aiso 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 ail Rents from the Property. In addition, Trustor <br />grants to Lender a Uniform Commerciai 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 TERMSa <br />PAYMENT AND PERFORMANCE. Except as otherwisa 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 end 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 menage 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, <br />replacements, and maintenance necessary to preserve its value. <br />Compliance With Environmental Laws. Trustor represents and werrants to Lender that: (1) During the period of <br />Trustor's ownership of the Property, there has bean no use, generation, manufacture, storage, treatment, disposal, <br />release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; <br />(2) Trustor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and <br />acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, <br />generation, manufacture, storage, treatment, disposal; release or threatened release of any Hazardous Substance <br />on, under, about or from the Property by any prior owners or occupants of the Property, or (c) eny actual or <br />threatened litigation or claims of any kind by any person relating to such matters; and (3) ExCept as previously <br />disclosed to and acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other <br />O <br />N <br />O <br />t--� <br />F—r <br />O <br />� <br />0 <br />rv <br />s <br />�v � <br />