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v <br />� N <br />WHEN RECORDED MAIL TO: uNi .�-t- <br />Mo. Point. Bank z <br />"Your Hometown Bank" Q <br />2015 N. Sm.dwell <br />P.O. Box 1507 <br />Brand d NE 68805 1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $25,000.00. <br />THIS DEED OF TRUST is dated February 26, 2004, among ZISKA PROPERTIES LLC; A NEBRASKA <br />CORPORATION ( "Trustor "I: Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, <br />P.O. Box 1507, Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred <br />to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Toaster conveys to Trustee in trust, WITH POWER OF SALE. for the benefit of <br />Lender as Beneficiary, all of fluster'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 <br />rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, royalties. and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th9 Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT ONE (1), BLOCK ONE (1), BOGGS & HILL'S ADDITION, GRAND ISLAND, HALL COUNTY, NEBRASKA, <br />EXCEPTING THEREFROM A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN WARRANTY DEED <br />RECORDED IN THE REGISTER OF DEEDS OFFICE AS DOCUMENT NO. 89- 105182 <br />The Real Property or its address is commonly known as 1218 N BROADWELL AVE, GRAND ISLAND, NE. <br />CROSS- COLLATERALIZATION. In addition ID the Note, this Deed of Trust secures all obligations, codes and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise. <br />whether due or not duo, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unlisclos ed whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $25,000.00. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Truax) all of Trustor'a right, title, and interest in and to ell <br />present and future leases of line Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial <br />Code security 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. Toaster warrants that: (al this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (h) Theater has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; jr) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truator and do not result In a violation of any law, regulation, court decree or order applicable to Trustor; (dl Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />IT! Z <br />Z A <br />A C <br />CJ VI <br />'M v <br />, � <br />Sl <br />T ' <br />y , <br />�-� © <br />© o <br />v <br />m y <br />o <br />-C <br />C� <br />lv <br />WHEN RECORDED MAIL TO: uNi .�-t- <br />Mo. Point. Bank z <br />"Your Hometown Bank" Q <br />2015 N. Sm.dwell <br />P.O. Box 1507 <br />Brand d NE 68805 1507 FOR RECORDER'S USE ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $25,000.00. <br />THIS DEED OF TRUST is dated February 26, 2004, among ZISKA PROPERTIES LLC; A NEBRASKA <br />CORPORATION ( "Trustor "I: Five Points Bank, whose address is "Your Hometown Bank ", 2015 N. Broadwell, <br />P.O. Box 1507, Grand Island, NE 68802 -1507 (referred to below sometimes as "Lender" and sometimes as <br />"Beneficiary "); and Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred <br />to below as "Trustee "). <br />CONVEYANCE AND GRANT. For valuable consideration, Toaster conveys to Trustee in trust, WITH POWER OF SALE. for the benefit of <br />Lender as Beneficiary, all of fluster'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 <br />rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, royalties. and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (th9 Real Property ") located in HALL <br />County, State of Nebraska: <br />LOT ONE (1), BLOCK ONE (1), BOGGS & HILL'S ADDITION, GRAND ISLAND, HALL COUNTY, NEBRASKA, <br />EXCEPTING THEREFROM A TRACT OF LAND MORE PARTICULARLY DESCRIBED IN WARRANTY DEED <br />RECORDED IN THE REGISTER OF DEEDS OFFICE AS DOCUMENT NO. 89- 105182 <br />The Real Property or its address is commonly known as 1218 N BROADWELL AVE, GRAND ISLAND, NE. <br />CROSS- COLLATERALIZATION. In addition ID the Note, this Deed of Trust secures all obligations, codes and liabilities, plus interest <br />thereon, of Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise. <br />whether due or not duo, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unlisclos ed whether Borrower <br />or Truster may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all <br />future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future <br />advances (excluding interest) exceed in the aggregate $25,000.00. <br />Truster presently assigns to Lender (also known as Beneficiary in this Deed of Truax) all of Trustor'a right, title, and interest in and to ell <br />present and future leases of line Property and all Rents from the Property. In addition, Truster grants to Lender a Uniform Commercial <br />Code security 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. Toaster warrants that: (al this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; (h) Theater has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />Property; jr) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Truator and do not result In a violation of any law, regulation, court decree or order applicable to Trustor; (dl Truster has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />