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m <br /> � � N �� � <br /> � mm o �y m <br /> 1 � n�� � Zm N m <br /> o �o� , 0 �O 0 0 <br /> N ZD� � �Z O (� <br /> O� � G7�0 � 2W � Z <br /> ,i�m � D� � � <br /> � m�o � D rc�r� � � <br /> � ��� � � � � <br /> m <br /> 00 0 � z <br /> o cn � <br /> � z <br /> 0 <br /> WHEN RECORDED MAiL TO: <br /> Equitable Bank � <br /> Diers Avenue Brench <br /> PO Box 160 <br /> Grand Island,NE 68802-0160 FOR�RECORDER'S USE ONLY <br /> DEED OF TRUST <br /> THIS DEED OF TRUS"�is dated December 15, 2011, among GRAND ISLAND AREA ECONOMIC <br /> DEVELOPMENT CORPORATION, whose address is 308 N LOCUST ST, STE. 400, GRAND <br /> ISLAND, NE 68802;A NEBRASKA CORPORATION ("Trustor"); Equitable Bank,whose address <br /> is Diers Avenue Branch, PO Box 160, Grand Island, NE 68802-0160 (referred to below <br /> sometimes as "Lender" and sometimes as "Beneficiary"); and Equitable Bank (Grand Island <br /> Region), whose address is 113-T95 N Locust St; PO Box 160, Grand Island, NE 68802-0160 <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'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 appurienances;all water, water rights and ditch rights (including stock in uti�lities with <br /> ditch or irrigation rightsl; and all other rights, royalties, and profits relating to the real p�roperty,. including without <br /> limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") locat0d in HALL <br /> County,State of Nebraska: <br /> See EXH9BIT "A", which is attached to this Deed of Trust and enade a part of this Deed of <br /> Trust as if fully set forth herein. <br /> The Real Property or its address is commonly known as RURAL ROUTE, GRAND ISLAND, NE <br /> 68803. The Real Property tax identification number is <br /> 40049551,400198223,400495547,400200651,400495553,4001 982 7 5,400209144,4�0209 <br /> 160,400209 7 52,400209209,400209225,. <br /> Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of TrustoPs 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,INCLUDIN�G THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND <br /> PERSONAL PROPERTY,IS GNEN TO SEGURE lAI PAYMENT OF THE INDEBTEDNESS AND (6) PERFORMANCE OF <br /> ANY AND ALL OBLIGATIONS UNDER THE NOTE,THE RELATED DOGUMENTS.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 seeured by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all of <br /> Trustor's obligatio�s under the Note,this Deed of Trust,and the Related Documents. <br /> POSSESSION AND MAINTENANCE OF 7HE PROPERTY. Trustor agrees that Trustor`s possession and use of the <br /> Property shall be govemed by the following provisions: <br /> Possession and Use. Until the occurrence of an Event of Default, Trustor may (1J remain in possession and <br /> control of the Property; (2) use,operete or manage the Property;and (3) collect the Rents from the Property. <br /> Duty to Mairrtain. Trustor shall maintain the Property in te�a�ntable condition and promptly perform all repairs, <br /> replacements,and maintenance necessary to presewe its value. � <br /> Compliance With Environmental Laws. Trustor represents and warrants to Lender that: (1) During the period of <br /> � Trustor's ownership of the Property,there has been 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, ia) any breach or violation of any Environmental Laws, (bl any use, <br /> � generation,manufacYUre,storage,treatinent,disposal,release or threatened release of any Hazardous Substance <br /> on, under, about or from the Properry by any prior owners or occupants of the Property, or (c) any actual or <br /> threatened litigation or claims of any kind by any person relating to such matters;and (3) Except as previously <br /> disdosed to and acknowledged by Lender in writing, (a) �neither Trustor nor any tenant,contractor,agent or other <br /> authorized user of the Property shall use,generate,manufacture,store,treat,dispose of or release any Hazardous <br /> Substance on,under,about or from the Property;and (b) any such activity shall be canducted in compliance with <br /> all applicable federal, state, and local laws, regulations and ordinances, including without limitation all <br /> Environmental Laws. Trustor authorizes Lender and its agents to enter upon. the Peoperty to make such <br /> inspections and tests, at Trustor's expense, as Lender may deem appropriate to determine� compliance of the <br /> Property with this section of the �eed of Trust. Any inspections or tests made by Lender shall be for Lender's <br /> purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Trustor or <br /> to any other person. The representations and warra�ties contained he�ein are based on Trustor's due diligence in <br /> investigati�g the Property for Hazardous Substances. Trustor hereby {1) refeases and waives any future claims <br />