89-- 1.0 05 1 6
<br />and any supplemental schedules. Said statements shall include gross
<br />sales, cost of sales, itemized operating expenses, depreciation
<br />charges, and net income before federal income taxes for each Amigos
<br />location. If Borrower fails to furnish said statements, Lender shall,
<br />at the Borrower's expense, have the right to audit Growth Management
<br />Corporation's books and records.
<br />26. MONTHLY INSTALLMENT ADJUSTMENTS. Borrower and Lender
<br />acknowledge that the interest rate and monthly installments of
<br />principal and interest of the Note secured hereby are subject to
<br />periodic adjustment pursuant to the provisions of said Note.
<br />26. Al2DIT][,ONAL CONOIIONS. If at any time during the terns of
<br />this Deed of Trust the Subject Property shall cease, regardless. of
<br />cause, to be 6Varated as an Amigos restaurant, the Note.. secured by
<br />this Deed of Trdst shall ii wediately become due and payable. in full.
<br />27. CW¢5a,-MEAULT PRODSW M. Lender has funded a $15(x.000 lmano
<br />pursuant to a Note Secured by Deed of T rui3 t and as Deed of Test, both
<br />-dated February 4, 1988, with said teed of Trust recorded February 5,,
<br />1988 iM Uae Lincoln County, Nebraska, Register of Deeds Office :irk. 1ocr1¢t,.•
<br />396, Pages '792 -801, secured by an Amigos restaurant located at.l14b.
<br />South Jeffers,. North Platte, Nebraska 691GZ s: and has also funded a
<br />$235, 000 .1 can,, pursuant to a Note Secured by Deed,. bf Trust and a 'Deed
<br />of Trust.U. b6th dated June 10, 198807 with said Dt4d • of Trust recorded
<br />June 12, 1988 in the records of York County, Nebraska in Volume 241 of
<br />Mortgages, Page 478, secured by. an Amigos restaurant located at 3911
<br />South Lincoln Avenue, York, Nebraska 68467, and a $450,000 loan
<br />pursuant to a Note Secured by Deed of Trust and a Deed of Trust, both
<br />dated July 25; 1989- with amid npgd of Trna* raw-n dmA ?v_l i 26, 39$$ in
<br />the Lancaster County, Nebraska, Register of Deeds office as Instrument
<br />No. 88- 21368, secured by an Amigos restaurant located at 4200 South
<br />14th Street, Lincoln, Nebraska 68512. Lender has also funded a
<br />$200,000 loan, pursuant to a Note Secured by Deed of Trust and a Deed
<br />of Trust, both dated September 29, 1988, with said Deed of Trust
<br />recorded September 30, 1988 in the Buffalo County, Nebraska, Register
<br />of Deeds Office in Film Roll 88, Pages 8204 thru 8211, secured by an
<br />Amigos restaurant located at 4207 Second Avenue, Kearney, Nebraska
<br />68847. Lender. -has also previously funded a $170,000 loan pursuant to
<br />a Note. Secured by Deed of Trust and a Deed .of Trust, on which Bison
<br />Investors V Limited Partnership is the original Borrower, both dated
<br />May-17,:1984, with said Deed of Trust recorded May 19, 1984 in the
<br />Hall County, Nebraska, Register of Deeds Office as Document No. 84-
<br />002631, secured by a restaurant building occupied as an Amigos
<br />restaurant,- with said Deed of Trust being a first lien on the same
<br />Property securing this Deed of Trust, and which Borrower is
<br />concurrently assuming. Lender has also issued an Application for
<br />Income Property Loan dated December 2, 1988 and Commitment Letter
<br />dated December 21, 1988 to Growth Management Corporation - Cornhusker
<br />Hwy., for a loan in the amount of $360,000, to be secured by an Amigos
<br />restaurant located at 29th and Cornhusker Highway, Lincoln, Nebraska
<br />68521. Borrower agrees that a default under the terms and conditions
<br />of this Deed of Trust, said previous Deeds of Trust or said Commitment
<br />or any of the other security instruments securing the said Note
<br />executed concurrently herewith, said previous Notes Secured by Deeds
<br />of Trust, any Note issued pursuant to said Commitment, including the
<br />Assumption Agreement executed by Borrower assuming the $170,000 Note
<br />and Deed of Trust securing said Note, on which Bison Investors V
<br />Limited.. Partnership is the original. Borrower, shall constitute a
<br />default under gill Notes as amended and under this Deed of Trust and
<br />said previous. Deeds of Trust, including Assumption Agreement, .and,
<br />upon suoh occurrence,; Lender may exercise any of the rights and
<br />remedies'provided hereip or in any of said security instruments. .
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