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<br /> ;0 n () <br /> Q1 :t: )> <br /> c:: m (.fl <br /> Z () :r ~.:?:,:,:,~ I'Tl <br /> n ^ 0 V') <br />N :I: n C (,~,:",~:", ~i <br />~ ("JO'i C) --1 <br />G m ~ "- C :t;.- <br />S n ,.. C~:J .L- -1 C) 3- <br />CJ1 '" :t: ",":':" ~:'-.) ---j rr1 <br />...... O(). r,. --~ ~< <br />G ''''':, c::::> ?: <br />.j:::. r'-J ~."._') -., 1 <br /> " ~ .." <br />w lj\ '.'11 '" en <br />(0 : I 3' <br /> '0 .' 'I .......... <br /> r ~ '1 ::n ~ <br /> j'"':'J I'; :::3 ,- ::J c::::> <br /> 0 " I )':;\1000 <br /> 'n ~ : (,0 -C i <br /> \ c..a ::0'" <br /> ~ )>> w <br /> \:; .......... .................... <br /> .......... (j) CD <br /> (j) :2 <br /> 0 <br /> <br /> <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island. NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $600.000.00. <br /> <br />THIS DEED OF TRUST is dated October 20. 2005. among CONESTOGA NORTH. 1.1.C.. A NEBRASKA <br /> <br />LIMITED LIABILITY COMPANY ("Trustor"); Five Points Bank. whose address is North Branch. 2015 North <br />Broadwell. Grand Island. NE 68803 (referred to below sometimes as "lender" and sometimes as <br />"Beneficiary"); and Five Points Bank. whose address is P.O Box 1507. Grand Island. NE 68802-1507 (referred <br />to below as "Trustee"). <br /> <br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustee in trust. WITH POWER OF SALE. for tho 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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County. State of Nebraska: <br /> <br />LOTS ONE (11. TWO (21. THREE (3). FIVE (5), SIX (61. SEVEN (7). AND TEN (101. CONESTOGA NORTH <br />SUBDIVISION OF GRAND ISLAND. HAll COUNTY. NEBRASKA <br /> <br />The Real Property or its address is commonly known as NORTH CONESTOGA MAll AREA (WEBB ROAD. <br />STATE STREET. HWY. 281. 13TH STREET AREASI. GRAND ISLAND. NE 68803. <br /> <br />CROSS-COLLATERALlZATION. In addition to the Note. this Deed of Trust secures all obligations. debts and liabilities, plus interest <br />thereon, of Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower or anyone or more of them, <br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note. whether voluntary or otherwise, <br />whether due or not due, direct or indirect, determined or undetermined. absolute or contingent. liquidated or unliquidated whether Borrower <br />or Trustor may be liable individually or jointly With others, whether obligated as guarantor, suretY, accommodation party or otherwise, and <br />whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to <br />repay such amounts may be or hereafter may become otherwise unenforceable. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment, Specifically, without limitation. this Deed of Trust secures, in addition to the amounts <br />specified in the Note. all future amounts Lender in its discretion may loan to Borrower. together with all interest thereon; however. in no <br />event shall such future advances (excluding interest) exceed in the aggregate $600,000.00. <br /> <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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br /> <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 /> <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not 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 <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />