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M <br />M <br />n () <br />= Y� Z <br />p <br />n rn Nr <br />o <br />M '- <br />M <br />3 � <br />3 i <br />i <br />o C> cn <br />r—► o -. I <br />ZD <br />c <br />� <br />M <br />Q) <br />O <br />QO <br />O <br />1] <br />O `1 <br />-T1 z <br />= m <br />n w <br />r <br />r n <br />x <br />D <br />0 <br />N <br />O <br />O <br />0 <br />fV <br />C.0 <br />rV <br />C3 <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />South Branch <br />3111 W. Stolley Pk. Rd. <br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />THIS DEED OF TRUST is dated April 4, 2001, among WEDGEWOOD, INC; A NEBRASKA CORPORATION <br />( "Trustor "); Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand Island, NE <br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, <br />whose address is P.O Box 1507, Grand 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, for the benefit of <br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or <br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and <br />ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property ") located in HALL County, State O <br />Nebraska: <br />PARCEL 1: LOT ONE (1), UNION SQUARE FIFTH SUBDIVISION; LOT ONE (1), UNION SQUARE FOURTH <br />SUBDIVISION; LOT ONE (1), UNION SQUARE THIRD SUBDIVISION ALL IN THE CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. PARCEL 2: LOT ONE (1), LOESCHER SUBDIVISION AND SOUTH 20 FT. OF <br />WEST 167.32 FT. OF LOT ONE (1), EVERGREEN SUBDIVISION, ADDITIONS TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />The Real Property or its address is commonly known as 1427 -1445 NORTH WEBB ROAD, GRAND ISLAND, <br />NE. <br />REVOLVING LINE OF CREDIT. Specifically, in addition to the amounts specified in the Indebtedness definition, and without limitation, <br />this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Borrower <br />complies with all the terms of the Note. <br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all present <br />and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial Code security <br />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 PERSONAL <br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS <br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE <br />FOLLOWING TERMS: <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and not <br />at the request of Lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) <br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and <br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has established adequate means of <br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to <br />Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti— deficiency" law, or any other law <br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a <br />claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of <br />sale. <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness secured by <br />this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the Note, this Deed of <br />rr'l <br />CYO <br />tom. <br />3� <br />C41) <br />c <br />coo <br />0 <br />