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201210641
<br />2019)992 i
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings,
<br />modifications and replacements. A promissory note or other agreement, No. 100897540,
<br />dated November 21, 2012, from YOGI MOTEL, INC., MANMOHAN PATEL and SHAILA
<br />PATEL (Borrower) to Lender, with a loan amount of $4,245,174.00 and maturing on
<br />November 21, 2027.
<br />B. All Debts. All present and future debts from YOGI MOTEL, INC., MANMOHAN PATEL
<br />and SHAILA PATEL to Lender, even if this Security Instrument is not specifically
<br />referenced, or if the future debt is unrelated to or of a different type than this debt. If more
<br />than one person signs this Security Instrument, each agrees that it will secure debts incurred
<br />either individually or with others who may not sign this Security Instrument. Nothing in this
<br />Security Instrument constitutes a commitment to make additional or future loans or
<br />advances. Any such commitment must be in writing. In the event that Lender fails to
<br />provide any required notice of the right of rescission, Lender waives any subsequent security
<br />interest in the Grantor's principal dwelling that is created by this Security Instrument. This
<br />Security Instrument will not secure any debt for which a non - possessory, non - purchase
<br />money security interest is created in "household goods" in connection with a "consumer
<br />loan," as those terms are defined by federal law governing unfair and deceptive credit
<br />practices. This Security Instrument will not secure any debt for which a security interest is
<br />created in "margin stock" and Lender does not obtain a "statement of purpose," as defined
<br />and required by federal law governing securities. This Security Instrument will not secure
<br />any other debt if Lender fails, with respect to that other debt, to fulfill any necessary
<br />requirements or limitations of Sections 19(a), 32, or 35 of Regulation Z.
<br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of
<br />this Security Instrument.
<br />3. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when
<br />due and in accordance with the terms of the Secured Debts and this Security Instrument.
<br />4. NON - OBLIGATED GRANTOR. Any Grantor, who is not also identified as a Borrower in the
<br />Secured Debts section of this Security Instrument and who signs this Security Instrument, is
<br />defined as a cosigner for purposes of the Equal Credit Protection Act and the Consumer
<br />Financial Protection Bureau's Regulation B, 12 C.F.R. 1002.7(d)(4), and is referred to herein as
<br />a Non - Obligated Grantor. By signing this Security Instrument, the Non - Obligated Grantor does
<br />convey and assign their rights and interests in the Property to secure payment of the Secured
<br />Debts, to create a valid lien, to pass clear title, to waive inchoate rights and to assign earnings
<br />or rights to payment under any lease or rent of the Property. However, the Non - Obligated
<br />Grantor is not personally liable for the Secured Debts.
<br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the
<br />estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and
<br />sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the
<br />Property is unencumbered, except for encumbrances of record.
<br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
<br />agreement or other lien document that created a prior security interest or encumbrance on the
<br />Property, Grantor agrees:
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />B. To promptly deliver to Lender any notices that Grantor receives from the holder.
<br />C. Not to allow any modification or extension of, nor to request any future advances under
<br />any note or agreement secured by the lien document without Lender's prior written consent.
<br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances,
<br />lease payments, ground rents, utilities, and other charges relating to the Property when due.
<br />Lender may require Grantor to provide to Lender copies of all notices that such amounts are due
<br />and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against
<br />any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to
<br />Lender, as requested by Lender, any rights, claims or defenses Grantor may have against
<br />parties who supply labor or materials to maintain or improve the Property,
<br />8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of
<br />the Secured Debt to be immediately due and payable upon the creation of, or contract for the
<br />creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right
<br />is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
<br />9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into
<br />this Security Instrument. The execution and delivery of this Security Instrument will not violate
<br />any agreement governing Grantor or to which Grantor is a party.
<br />10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property
<br />in good condition and make all repairs that are reasonably necessary. Grantor will not commit
<br />YOGI MOTEL, INC.
<br />Nebraska Deed Of Trust
<br />NE/ 4XXXDBOND00000000000648064112012N
<br />Wolters Kluwer Financial Services ©1996, 2012 Bankers Page 2
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