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WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 NoriM1 Broa'well S6 <br />r n I l n E ass0J E ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $600,000.00. <br />THIS DEED OF TRUST is dated January 2, 2003, among HARDWARE LAND COMPANY OF GRAND ISLAND <br />LTD; A PARTNERSHIP ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 Truster'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 fmfits relating to the real properly including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PfOpert)I") OCated In HALL COUnty, tale OT <br />Nebraska: <br />See EXHIBIT A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully <br />set forth herein. <br />The Real Property or its address is commonly known as 1704 W 3RD ST, GRAND ISLAND, NE 68802 -1388 <br />CROSS— COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolule or contingent, liquidated or unliguidaled whether Theater may be liable individually or jointly with <br />ethers, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <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 Theater, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $600,00000. <br />Truster 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, Truster 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Twister agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; (2) <br />use, operate or manage the Property; and (3) oollpct the Rents from the Property. <br />Z D <br />m <br />n <br />n <br />Z <br />Ric = <br />° <br />o <br />_ <br />c D <br />N <br />m <br />N,. <br />c_ <br />2 -i <br />CD <br />x <br />2 <br />in <br />T <br />ca <br />Q <br />ca <br />O <br />I� <br />C11 <br />O z <br />CJ <br />T <br />,n <br />,n <br />3 <br />y <br />o H <br />Cl <br />Cll <br />N <br />m <br />N <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 NoriM1 Broa'well S6 <br />r n I l n E ass0J E ONLY <br />DEED OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $600,000.00. <br />THIS DEED OF TRUST is dated January 2, 2003, among HARDWARE LAND COMPANY OF GRAND ISLAND <br />LTD; A PARTNERSHIP ( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and <br />Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as <br />"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 Truster'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 fmfits relating to the real properly including <br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real PfOpert)I") OCated In HALL COUnty, tale OT <br />Nebraska: <br />See EXHIBIT A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully <br />set forth herein. <br />The Real Property or its address is commonly known as 1704 W 3RD ST, GRAND ISLAND, NE 68802 -1388 <br />CROSS— COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of <br />Truster to Lender, or any one or more of them, as well as all claims by Lender against Truster or any one or more of them, whether now existing <br />or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or <br />indirect, determined or undetermined, absolule or contingent, liquidated or unliguidaled whether Theater may be liable individually or jointly with <br />ethers, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter <br />may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise <br />unenforceable. <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 Theater, together with all interest thereon; however, in no event shall such future advances (excluding <br />interest) exceed in the aggregate $600,00000. <br />Truster 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, Truster 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 />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by this <br />Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Truster's obligations under the Note, this Deed of Trust, <br />and the Related Documents. <br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Twister agrees that Truster's possession and use of the Property shall be governed <br />by the following provisions: <br />Possession and Use. Until the occurrence of an Event of Default, Truster may (1) remain in possession and control of the Property; (2) <br />use, operate or manage the Property; and (3) oollpct the Rents from the Property. <br />