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M <br />T <br />C <br />n <br />:"' a M D <br />CA <br />"1 <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />(With Future Advance Clause) <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is August 13, 2004. The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />LE MERIDIEN, L.L.C. <br />A Nebraska Limited Liability Company <br />908 N Howard <br />Grand Island, Nebraska 68803 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />See Exhibit "A" attached hereto <br />The property is located in Hall County at 638 M Webb Rd, Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $ 1,560,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 281706 -100, dated August 13, 2004, from <br />Grantor to Lender, with a loan amount of $ 1,560,000.00. One or more of the debts secured by this <br />Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any <br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. <br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security <br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by <br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any <br />debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of <br />purpose," as defined and required by federal law governing securities. <br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />Le Meridien, L.L.C. <br />! ! Nebraska Deed Of Trust Initials <br />NE/ 4XX2 8 3 3 30007 2 5 2 00004 3 6402008 1 304Y ©1996 Bankers Systems, Inc., St. Cloud, MN " Page 1 <br />fU <br />C' U' <br />o rTi <br />N <br />N <br />FM <br />n <br />_ <br />�1 <br />C- <br />Z: <br />-_j M <br />N <br />o ..t <br />O <br />r <br />rn <br />v' <br />gym` <br />'i7 <br />C <br />(J <br />"' <br />c a <br />GO <br />n <br />° <br />cn <br />Cil <br />CD <br />Z <br />Space Above This Line For Recording Data <br />DEED OF TRUST <br />(With Future Advance Clause) <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is August 13, 2004. The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />LE MERIDIEN, L.L.C. <br />A Nebraska Limited Liability Company <br />908 N Howard <br />Grand Island, Nebraska 68803 <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Corporation <br />2223 Second Ave <br />PO Box 430 <br />Kearney, Nebraska 68848 -0430 <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />1451 North Webb Road <br />Grand Island, Nebraska 68803 <br />TIN: 47- 0343902 <br />1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br />See Exhibit "A" attached hereto <br />The property is located in Hall County at 638 M Webb Rd, Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one <br />time will not exceed $ 1,560,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />3. SECURED DEBTS. This Security Instrument will secure the following Secured Debts: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 281706 -100, dated August 13, 2004, from <br />Grantor to Lender, with a loan amount of $ 1,560,000.00. One or more of the debts secured by this <br />Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not <br />specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than <br />one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or <br />with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a <br />commitment to make additional or future loans or advances. Any such commitment must be in writing. In <br />the event that Lender fails to provide any required notice of the right of rescission, Lender waives any <br />subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. <br />This Security Instrument will not secure any debt for which a non - possessory, non - purchase money security <br />interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by <br />federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any <br />debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of <br />purpose," as defined and required by federal law governing securities. <br />C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security <br />Instrument. <br />Le Meridien, L.L.C. <br />! ! Nebraska Deed Of Trust Initials <br />NE/ 4XX2 8 3 3 30007 2 5 2 00004 3 6402008 1 304Y ©1996 Bankers Systems, Inc., St. Cloud, MN " Page 1 <br />