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 />
|