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DEED OF TRUST
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<br />DEED OF TRUST
<br />Loan # 809026
<br />This DEED OF TRUST is made as of the 23rd day of September, 2004 by and among the `��' Ga
<br />Trustor, Pinnacle Properties, L.L.C., whose mailing address for purposes of this Deed of
<br />Trust is2905 S. Blaine St., Grand Island, NE 68801 (herein, "Trustor ", whether one or
<br />more), the Trustee, Equitable Federal Savings Bank of Grand Island whose mailing address is
<br />PO Box 160, Grand Island, NE 68802 -0160 (herein "Trustee "), and the Beneficiary, Equitable
<br />Federal Savings Bank of Grand Island, whose mailing address is PO Box 160, Grand Island
<br />NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified
<br />herein to Pinnacle Properties, L.L.C. (herein "Borrower ", whether one or more), and the
<br />trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably
<br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Lender, under and subject to the terms and conditions hereinafter
<br />set forth, legally described as follows:
<br />FRACTIONAL LOT TWO (2) BEING THE EAST ONE -HALF (El /2) OF LOT TWO (2), IN
<br />FRACTIONAL BLOCK NINETEEN (19), IN MORRILL'S ADDITION AND ITS COMPLEMENT,
<br />FRACTIONAL LOT TWO (2), IN FRACTIONAL BLOCK NINE (9), IN WOODBINE ADDITION,
<br />ALL IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />which has the address of 2107 -2109 W Koenig St. (Street) Grand Island (City), Nebraska
<br />68801 (Zip Code) ( "Property Address ");
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment and together with the homestead or marital interests, if any,
<br />which interests are hereby released and waived, all of which, including replacements and
<br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and 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
<br />by a Promissory Note dated 09 -23 -2004, having a maturity date of 09 -10 -2009, in
<br />the original principal amount of Three Hundred Thirteen Thousand and No /100 Dollars
<br />($313,000.00), and any and all modifications, extensions and renewals thereof or thereto and
<br />any and all future advances and readvances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit arrangements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d)
<br />all present and future indebtedness and obligations of Borrower (or any of them if more than
<br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall
<br />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 />doc8.doc 1 of 6
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<br />Loan # 809026
<br />This DEED OF TRUST is made as of the 23rd day of September, 2004 by and among the `��' Ga
<br />Trustor, Pinnacle Properties, L.L.C., whose mailing address for purposes of this Deed of
<br />Trust is2905 S. Blaine St., Grand Island, NE 68801 (herein, "Trustor ", whether one or
<br />more), the Trustee, Equitable Federal Savings Bank of Grand Island whose mailing address is
<br />PO Box 160, Grand Island, NE 68802 -0160 (herein "Trustee "), and the Beneficiary, Equitable
<br />Federal Savings Bank of Grand Island, whose mailing address is PO Box 160, Grand Island
<br />NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified
<br />herein to Pinnacle Properties, L.L.C. (herein "Borrower ", whether one or more), and the
<br />trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably
<br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Lender, under and subject to the terms and conditions hereinafter
<br />set forth, legally described as follows:
<br />FRACTIONAL LOT TWO (2) BEING THE EAST ONE -HALF (El /2) OF LOT TWO (2), IN
<br />FRACTIONAL BLOCK NINETEEN (19), IN MORRILL'S ADDITION AND ITS COMPLEMENT,
<br />FRACTIONAL LOT TWO (2), IN FRACTIONAL BLOCK NINE (9), IN WOODBINE ADDITION,
<br />ALL IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />which has the address of 2107 -2109 W Koenig St. (Street) Grand Island (City), Nebraska
<br />68801 (Zip Code) ( "Property Address ");
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment and together with the homestead or marital interests, if any,
<br />which interests are hereby released and waived, all of which, including replacements and
<br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and 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
<br />by a Promissory Note dated 09 -23 -2004, having a maturity date of 09 -10 -2009, in
<br />the original principal amount of Three Hundred Thirteen Thousand and No /100 Dollars
<br />($313,000.00), and any and all modifications, extensions and renewals thereof or thereto and
<br />any and all future advances and readvances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit arrangements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d)
<br />all present and future indebtedness and obligations of Borrower (or any of them if more than
<br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall
<br />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 />doc8.doc 1 of 6
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