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m <br /> � � N p� � <br /> � mm o �y m <br /> 1 � n�� � Zm N m <br /> o �o� , 0 �O 0 0 <br /> �o o�o m o�' � � <br /> Z D C� �7 Z O <br /> � � G��0 O =W Cp z <br /> � <br /> m�o � � r c�r� �I � <br /> � cn o m � � � <br /> om � ._.� Z <br /> o° � � <br /> � Z <br /> O <br /> Wi�EN RECORDED MAIL TO: <br /> Equitable Bank <br /> North Locust Branch <br /> 713-115 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 TRl1ST is dated December 1, 2011, among LBE FAMILY LIMITED <br /> PARTNERSHIP, whose address is 716 W 21�lD ST, GRAND ISLAND, NE 68801;A NEBRASKA <br /> LIMiTED PARTNERSHIP ("Trustor"); Equitable Bank, whose address is North Locust Branch, <br /> 713-115 N Locust Sit, PO Box 160, Grand Island, NE 68802-0160 (referred to below <br /> sometimes as "Lender" and sometimes as "Beneficiary"}; and Equitable Bank (Grand Is!and <br /> Region), whose address is 7'�3-115 N Locust St; PO 8ox 160, Grand Island, NE 68802-0'960 <br /> (re#erred to 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 Trustor's right,title, and interest in�and to the fol.lowing described real <br /> property, together with all existing or su6sequently erected or affixed buildings, improvements and fixtures; all <br /> easements, rights of way,and appurtenances; alf�water,water rights and ditch rights (including stock in utilities wiih <br /> ditch or irrigation rights); and all other rights, royalties, and profits rel.ating Co the real property, including without <br /> limitation all minerals,oif,gas,geothermal and similar matters, (the "Real Prop�rYy"} located in Hdll COUnty, <br /> State of Nebraska: <br /> LOT YWENTY-TWO (22), BLOCK SIXtEEN (16), ASHTON PLACE, AN ADDITIOIV TO THE <br /> CITY OF GRAND ISLAND, HALL GOUNTY, NEBRASKA. <br /> The Real Property or its address is commonly known as 2612 W Koeraig St, Grand Island, NE <br /> 68803-5739. The Rea�Property ta;c identification number is 400012561. <br /> CROSS-COLLATERALI2ATION. ln addition to the Note,this Deed of Trust secures all o6ligations,debts and lia6ilities,. <br /> plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as�well as aIl claims by <br /> Lender against Borrower and Trustor or any one or more of them,whether now existing or hereafter ansing,whether <br /> related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br /> indirect, determined or undeterrnined, absolute or contingent, liquidated or onliquidated, whether Borrower or Trustor <br /> may be liable individually or jointly with others, whether ohligated as guarantor, surery, accommodation party or <br /> otherwise, and wheiher recovery upon such amounts may be or hereafiter may become bar�ed 6y any statute of <br /> limitations, and whether the o6ligation to repay such amounts may be or hereafter may deeome otherwise <br /> unenforceabie. <br /> FUTURE ADVANCES. In addition to the Note, Yhis Deed of Trust secures all future advances made by Lender to <br /> Borrower or Trustor whather or not the advances are made pursuant to a commitment. Specificalty;without limitation, <br /> this Deed of Trust secures,in addition to the amounts specified in the Note,all fufure amounts Lender in its discretion <br /> may loan to Borrower or Trustor,together with alI interest therean. <br /> Trustor presently assigns to Lender (also I<nown as Beneficiary in this Deed of Trust) all of Trustor's right,title, and <br /> interest in and to alI present and future leases of the Property and all Rents rrom the Property. In addition,Trustot <br /> grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. � <br /> THIS DEED OF TRUST,INCLN�ING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND� <br /> PERSONAL PROPERTY,IS GNEN TO SECURE (A) PAYMENT OF THE IN�EBTEDNESS AND (B) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS.AND THIS DEED O�F TRUST. THIS <br /> DEED OP TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: <br /> TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warran�ts that: (a) this Deed of Trust is executed at <br /> Borrower's request and not at the request of Lender; (b)Trustor l�as the full power,right,and authocity to enter into <br /> this Deed of Trust and to hypothecaie the Property; {c)the provisions of this Deed of T�ust do not conflict with, or <br /> result in a defauh under any agreement or other instrument binding upon Trusmr and do not result in a violation of any <br /> law,regulation, court decree or order applicatile to Trustor; (d)Trustor has established adequate means of obtaining <br /> from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no <br /> representation to Trustor about Borrower(including without limitation the creditworthiness of Borrower). <br /> TRUSTOR'S WANERS. Trusto�waives all rights or defenses arising by reason of any"one action"or"anti-deficiency" <br /> law, or any other law which may prevent Lender from bringing any action against Trustor, including a claim for <br /> deficiency m the exient Lender is otherwise entitled.to a daim for deficiency,before or after Lender's commencement <br /> or completion of any 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 I.nciebtedness secured by this Deed of Trust as it becomes due, and Borrower and Trustor shail strictfy <br /> . perform all their respective obligations.under the Note,this Deed of 7rust,a�d the Related�Documents. <br /> POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Trustor agree that Borrower's and Trustor's . <br />