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<br />WHEN RECORDED MAIL TO: �'
<br />PINNACLE BANK '� �
<br />CENTRAL CITY OFFICE �p �
<br />320 G ST � � d
<br />PO BOX 28
<br />CENTRAL CITY NE 68826 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated October 13, 2011, among OSEKA HOMES LLC, a Nebraska
<br />Limited Liability Company, whose address is 1709 MEADOW ROAD, GRAND ISLAND, NE
<br />68803 ("Trustor"); PINNACLE BANK, whose address is CENTRAL CITY OFFICE, 320 G ST, PO
<br />BOX 28, CENTRAL CITY, NE 68826 (referred to below sometimes as "Lender" and sometimes
<br />as "Beneficiary"1; and PINNACLE BANK, whose address is PO BOX 28, CENTRA� CITY, NE
<br />68826 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in Vust, 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 fi�ctures; all
<br />easements, rights of way, and appurtenances; all watar, 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 P1'operty") IOCeted in HALL
<br />County, State of Nebraska:
<br />LOT FIVE (5), BLOCK TWO (2), NORTHVIEW SECOND SUBDIVISION, IN THE CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 4051 ANNE MARIE AVENUE, GRAND
<br />ISLAND, NE 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, es 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 interast 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 (A1 PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />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 />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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Properry to make such inspections and tests as
<br />Lender may deem appropriate to determine complience of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and
<br />hold harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of
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