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<br />A~ WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch
<br />2015 North Broadwell
<br />dlv Grand Island. NE 68803 FOR RECORDER'S USE ONLY
<br />FIVE POINTS BANK
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated December 16, 2011, among TOPHAT PROPERTIES LLC, A
<br />Limited Liability Company ("Trustor"); Five Points Bank, whose address is North Branch, 2015
<br />North Broadwell, Grand Island, NE 68803 (referred to below sometimes as "Lender" and
<br />sometimes as "Beneficiary"); and Five Points Bank, whose address is P.O Box 1507, Grand
<br />Island, NE 68802-1507 (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 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 />THE NORTHERLY SIXTY (60) FEET LOT EIGHT (8), BLOCK TWENTY TWO (22), NAGY'S
<br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 512 N VINE, GRAND ISLAND, NE
<br />68801.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities,
<br />plus interest thereon, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by
<br />Lender against Borrower and Trustor or any one or more of them, whether now existing or hereafter arising, 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 undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or
<br />otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable. If the Lender is required to give notice of the right to cancel under Truth in Lending in connection with
<br />any additional loans, extensions of credit and other liabilities or obligations of Trustor to Lender, then this Deed of Trust
<br />shall not secure additional loans or obligations unless and until such notice is given.
<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.
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