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200411812r
<br />Loan No: 11586
<br />DEED OF TRUST
<br />(Continued)
<br />Page 4
<br />WESTIN, PAMELA J WESTIN, JESSE A PITTORE , BRENDA PITTORE, TROY E GLOCK and STACY J GLOCK and includes all
<br />co- signers and co- makers signing the Note.
<br />Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
<br />limitation all assignment and security interest provisions relating to the Personal Property and Rents.
<br />Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances
<br />relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
<br />Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ( "CERCLA "), the Superfund
<br />Amendments and Reauthorization Act of 1986, Pub. L. No. 99 -499 ( "SARA "), the Hazardous Materials Transportation Act, 49 U.S.C.
<br />Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or
<br />federal laws, rules, or regulations adopted pursuant thereto.
<br />Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
<br />default section of this Deed of Trust.
<br />Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including
<br />without limitation a guaranty of all or part of the Note.
<br />Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
<br />the Real Property, facilities, additions, replacements and other construction on the Real Property.
<br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
<br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note
<br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
<br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
<br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision,
<br />together with all interest thereon and all amounts that may be indirectly secured by the Cross - Collateralization provision of this Deed
<br />of Trust.
<br />Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS , its successors and assigns.
<br />Note. The word "Note" means the promissory note dated November 15, 2004, in the original principal amount of
<br />$1,485,003.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
<br />consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is November 1,
<br />2009. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE.
<br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
<br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and
<br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without
<br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
<br />Property. The word "Property" means collectively the Real Property and the Personal Property.
<br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
<br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
<br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other
<br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
<br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
<br />from the Property.
<br />Trustee. The word "Trustee" means Five Points Bank of Hastings, whose address is 2815 Osborne Drive West, Hastings, NE 68901
<br />and any substitute or successor trustees.
<br />Trustor. The word " Trustor" means GRAND ISLAND COUNTRYHOUSE LLC.
<br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
<br />TRUSTOR:
<br />GRAND ISLAND COUNTRYHOUSE LLC
<br />By:
<br />MARTIN L HUG, ember of G ISLAND COUNTRYHOUSE LLC
<br />JBP HOLDINGS LP, Nlembar of GRAN04LAND COUNTRYHOUSE LLC
<br />By:
<br />JESSE A PIT
<br />W & W Olr-Dl 7 LP, Member of N f11a6 ~COUNTRYHOUSE LLC
<br />By -. i
<br />Rr HH J TI
<br />V
<br />G. 1. G. Member of GRAND ISLAND COUNTRYHOUSE LLC
<br />CK, President of G. I.
<br />By:
<br />
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