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<br /> DEED OF TRUST WITH FUTURE ADVANCES
<br /> THIS DEED OF TRUST,is made as of the 28TH day of OCTOBER � 19 99 , by and among��
<br /> °�
<br /> the Trustor, �EBRASKA WATERBED MART, INC. , A NEBRASKA CORPORATION
<br /> whose mailing address is 607 STAGECOACH RD. GRAND ISLAND NE 68801 (herein"Trusto�',whether one or more),
<br /> FIVE POINTS BANK, A NEBRASKA CORPORATION
<br /> the Trustee
<br /> whose mailing address is P 0 BOX 1507 GRAND ISLAND NE 68802 (herein"Trustee"),and
<br /> the Beneficiary, FIVE POINTS BANK
<br /> whose mailing address is 2015 N. BROADWELL AVE. GRAND ISLAND NE 68803 (herein"Lende�').
<br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br /> NEBRASKA WATERBED MART, INC.
<br /> (herein "Borrower," whether one or more) and the trust herein created, the receipt
<br /> of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br /> POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the �eal
<br /> property described as follows:
<br /> SEE ATTACHED "EXHIBIT A"
<br /> Together with all buildings, improvements,fixtures,streets,alleys,passageways,easements, rights, privileges and appurtenances
<br /> located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per-
<br /> sonal property that is attached to the improvements so as to constitute a fixture, including,but not limited to,heating and cooling equip-
<br /> ment;and together with the homestead or marital interests, if any,which interests are hereby released and waived;all of which, includ-
<br /> ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and
<br /> all of the foregoing being referred to herein as the"Property".
<br /> This Deed of Trust shall secure(a)the payment of the principal sum and interest evidenced by a promissory note or credit agree-
<br /> ment dated OCTOBER 28, 1599 , having a maturity date of APRIL 25, 2000 ,
<br /> in the original principal amount of $ 214,000.00 , and any and all modifications, extensions and renewals
<br /> thereof or thereto and any and all future advances and readvances to Borrower(or any of them if more than one) hereunder pursuant
<br /> to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lender to
<br /> protect the securiry of the Note; (c)the performance of all covenants and agreements of Trustor set forth herein;and(d)all present and
<br /> future indebtedness and obligations of Borrower(or any of them if more than one)to Lender whether direct, indirect,absolute or contin-
<br /> gent and whether arising by note, guaranry,overdraft or otherwise.The Note,this Deed of Trust and any and all other documents that
<br /> secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br /> assignments of leases and rents,shall be referred to herein as the"Loan Instruments".
<br /> Trustor covenants and agrees with Lender as follows:
<br /> 1. Payment of Indebtedness.All indebtedness secured hereby shall be paid when due.
<br /> 2. Title.Trustor is the owner of the Property, has the right and authoriry to convey the Property, and warrants that the lien creat-
<br /> ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to
<br /> Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or
<br /> other obligation to which Trustor is subject.
<br /> 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br /> now or hereafter levied.
<br /> 4. Insurance.To keep the Property insured against damage by fire, hazards included within the term "extended coverage", and
<br /> such hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named
<br /> insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compro-
<br /> mise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured
<br /> hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or(iii)for
<br /> any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby
<br /> before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the due date of any
<br /> payments under the Note,or cure any default thereunder or hereunder.
<br /> 5. Escrow. Upon written demand by Lender, Trustee shall pay to Lender, in such manner as Lender may designate, sufficient
<br /> sums to enable Lender to pay as they become due one�or more of the following: (i) all taxes, assessments and other charges against
<br /> the Property, (ii)the premiums on the property insurance required hereunder,(iii)the premiums on any mortgage insurance required by
<br /> Lender.
<br /> 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall
<br /> promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora-
<br /> tion of the Property; shall not remove,demolish or substantially alter any of the improvements on the Property;shall not commit,suffer
<br /> or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- j
<br /> charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any
<br /> part thereof.
<br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br /> NBC 3457(NOnagricutlurel Deed)Rev.8I95
<br /> �1988 Nationel Bank ol Carvne�ceTrusl and Savings Association,Lincoln,Nebraska
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