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DEED OF TRUST -�-
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $650,000.00.
<br />THIS DEED OF TRUST is dated October 2, 2002, among CALM PARTNERSHIP; A NEBRASKA PARTNERSHIP y
<br />( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE ( c�
<br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, \
<br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee ")
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In treat, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real properly, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easement, 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 � e"nderofits relating to the real property including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real brOper ry ") ocaied in HALL Courtly, Mate O
<br />Nebraska:
<br />LOT THIRTEEN (13), RICHMOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as N DIERS AVE, GRAND ISLAND, NE 68803.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now
<br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due,
<br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Truster may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such
<br />amounts may be or hereafter may became barred by any statute of limitations, and whether the obligation to repay such amounts may be or
<br />hereafter may become otherwise 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 Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $650,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusters right, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrowers request and not
<br />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 Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all right or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
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<br />Five Points Bank
<br />200210504
<br />North Branch
<br />2015 North Broadwell
<br />Grand Island. NE 68803
<br />FOR
<br />RECORDER'S
<br />USE ONLY
<br />DEED OF TRUST -�-
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $650,000.00.
<br />THIS DEED OF TRUST is dated October 2, 2002, among CALM PARTNERSHIP; A NEBRASKA PARTNERSHIP y
<br />( "Trustor "); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island, NE ( c�
<br />68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank, \
<br />whose address is P.O Box 1507, Grand Island, NE 68802 -1507 (referred to below as "Trustee ")
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee In treat, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real properly, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easement, 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 � e"nderofits relating to the real property including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real brOper ry ") ocaied in HALL Courtly, Mate O
<br />Nebraska:
<br />LOT THIRTEEN (13), RICHMOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as N DIERS AVE, GRAND ISLAND, NE 68803.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower or any one or more of them, whether now
<br />existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due,
<br />direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated whether Borrower or Truster may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such
<br />amounts may be or hereafter may became barred by any statute of limitations, and whether the obligation to repay such amounts may be or
<br />hereafter may become otherwise 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 Borrower, together with all interest thereon; however, in no event shall such future advances
<br />(excluding interest) exceed in the aggregate $650,000.00.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trusters right, title, and interest in and to all present
<br />and future leases of the Property and all Rents from the Property. In addition, Trustor 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrowers request and not
<br />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 Property; (c)
<br />the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Trustor and
<br />do not result in a violation of any law, regulation, court decree or order applicable to Trustor, (d) Trustor has established adequate means of
<br />obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to
<br />Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives all right or defenses arising by reason of any "one action" or "anti- deficiency" law, or any other law
<br />which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise entitled to a
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