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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank r7
<br />Downtown 84 X S
<br />370 N. Walnut
<br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $135,161.00. t�
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<br />THIS DEED OF TRUST is dated July 2, 2004, among EL TAPATIO INC; A Nebraska Corporation ( "Trustor ");
<br />Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.O Box
<br />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 of
<br />Nebraska:
<br />The South Ninety -Seven Feet (S97') of, Lot Twenty -Four (24), all of Lot Twenty -Five (25) and the North
<br />Thirty -Eight Feet (N38') of Lot Twenty -Six (26), all in Holcomb's Highway Homes Addition to the City of
<br />Grand Island, Hall County, Nebraska, EXCEPT a tract of land for public street right -of -way described as
<br />follows: Referring to the Northeast corner of said Lot 24, said point being 33.00 West of the East line of
<br />the Northeast Quarter of said Section 28, thence on an assumed bearing of South 01 degrees 21
<br />minutes 00 seconds East along the West Right -ofWay line of Locust Street a distance of 12.71 feet to a
<br />point, said point also being the point of beginning, thence South 01 degrees 21 minutes 00 seconds
<br />East along the West Right -of -Way line of Locust Street a distance of 243.29 feet to a point, thence.
<br />The Real Property or its address is commonly known as 2610 S LOCUST ST, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $135,161.00.
<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
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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank r7
<br />Downtown 84 X S
<br />370 N. Walnut
<br />Grand Island, NE 68801 FOR RECORDER'S USE ONLY
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<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $135,161.00. t�
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<br />THIS DEED OF TRUST is dated July 2, 2004, among EL TAPATIO INC; A Nebraska Corporation ( "Trustor ");
<br />Five Points Bank, whose address is Downtown, 370 N. Walnut, Grand Island, NE 68801 (referred to below
<br />sometimes as "Lender" and sometimes as "Beneficiary "); and Five Points Bank, whose address is P.O Box
<br />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 of
<br />Nebraska:
<br />The South Ninety -Seven Feet (S97') of, Lot Twenty -Four (24), all of Lot Twenty -Five (25) and the North
<br />Thirty -Eight Feet (N38') of Lot Twenty -Six (26), all in Holcomb's Highway Homes Addition to the City of
<br />Grand Island, Hall County, Nebraska, EXCEPT a tract of land for public street right -of -way described as
<br />follows: Referring to the Northeast corner of said Lot 24, said point being 33.00 West of the East line of
<br />the Northeast Quarter of said Section 28, thence on an assumed bearing of South 01 degrees 21
<br />minutes 00 seconds East along the West Right -ofWay line of Locust Street a distance of 12.71 feet to a
<br />point, said point also being the point of beginning, thence South 01 degrees 21 minutes 00 seconds
<br />East along the West Right -of -Way line of Locust Street a distance of 243.29 feet to a point, thence.
<br />The Real Property or its address is commonly known as 2610 S LOCUST ST, GRAND ISLAND, NE 68801.
<br />FUTURE ADVANCES. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts specified in the Note, all future
<br />amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $135,161.00.
<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
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