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CONSTRUCTION SECURITY AGREEMENT DEED OF TRUST
<br />Intending to create a construction security interest in accordance with the Nebraska
<br />Construction Lien Act, this DEED OF TRUST is made as of the loth day of March, 2005
<br />by and among the Trustor, Yogi Motel, Inc. whose mailing address for purpose of this Deed
<br />of Trust is PO Box 1127, Laramie, W-y_ 82073 (herein, "Trustor ", whether one or more), the
<br />Trustee, Equitable Federal Bank , whose mailing address is PO Box 160, Grand Island,
<br />NE 68802 (herein, "Trustee "), and the Beneficiary, Equitable Federal Savings Bank of
<br />Grand Island, whose mailing address is PO Box 160, Grand Island NE 68802 (herein
<br />"Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit
<br />identified herein to Yogi Motel, Inc. (herein "Borrower ", whether one or more), and the trust
<br />herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable
<br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Lender, under and subject to the terms and conditions hereinafter
<br />set forth, legally described as follows:
<br />Lot Five (5), Richmond Third Addition, in the City of Grand Island, Hall County,
<br />Nebraska; and
<br />Lot Six (6), Richmond Fourth Addition, in the City of Grand Island, Hall County,
<br />Nebraska.
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment and together with the homestead or marital interests, if any,
<br />which interests are hereby released and waived, all of which, including replacements and
<br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and all of the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest
<br />evidenced by a Construction Line of Credit Draw Note dated 03 -10 -2005, having a maturity
<br />date of 01 -01 -2016, in the original principal amount of Two Million Seven Hundred -F
<br />Thousand and No /100 Dollars ($2,750,000.00) and any and all modifications, extensions
<br />and renewals thereof or thereto and any and all future advances and readvances to Borrower
<br />(or any of them if more than one) hereunder pursuant to one or more promissory notes or
<br />credit arrangements (herein called "Note "); (b) the payment of other sums advanced by
<br />Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and
<br />obligations of Borrower (or any of there if more than one) to Lender whether direct, indirect,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The
<br />Note, this Deed of Trust -and any and all -other documents-that-- secure -the Note or otherwise..
<br />executed in connection therewith, including without limitation guarantees, security
<br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1) Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />docl0.doc 1 of 6
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<br />200502379
<br />Loan # 809050
<br />CONSTRUCTION SECURITY AGREEMENT DEED OF TRUST
<br />Intending to create a construction security interest in accordance with the Nebraska
<br />Construction Lien Act, this DEED OF TRUST is made as of the loth day of March, 2005
<br />by and among the Trustor, Yogi Motel, Inc. whose mailing address for purpose of this Deed
<br />of Trust is PO Box 1127, Laramie, W-y_ 82073 (herein, "Trustor ", whether one or more), the
<br />Trustee, Equitable Federal Bank , whose mailing address is PO Box 160, Grand Island,
<br />NE 68802 (herein, "Trustee "), and the Beneficiary, Equitable Federal Savings Bank of
<br />Grand Island, whose mailing address is PO Box 160, Grand Island NE 68802 (herein
<br />"Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit
<br />identified herein to Yogi Motel, Inc. (herein "Borrower ", whether one or more), and the trust
<br />herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable
<br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit and security of Lender, under and subject to the terms and conditions hereinafter
<br />set forth, legally described as follows:
<br />Lot Five (5), Richmond Third Addition, in the City of Grand Island, Hall County,
<br />Nebraska; and
<br />Lot Six (6), Richmond Fourth Addition, in the City of Grand Island, Hall County,
<br />Nebraska.
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment and together with the homestead or marital interests, if any,
<br />which interests are hereby released and waived, all of which, including replacements and
<br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and all of the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest
<br />evidenced by a Construction Line of Credit Draw Note dated 03 -10 -2005, having a maturity
<br />date of 01 -01 -2016, in the original principal amount of Two Million Seven Hundred -F
<br />Thousand and No /100 Dollars ($2,750,000.00) and any and all modifications, extensions
<br />and renewals thereof or thereto and any and all future advances and readvances to Borrower
<br />(or any of them if more than one) hereunder pursuant to one or more promissory notes or
<br />credit arrangements (herein called "Note "); (b) the payment of other sums advanced by
<br />Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and
<br />obligations of Borrower (or any of there if more than one) to Lender whether direct, indirect,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The
<br />Note, this Deed of Trust -and any and all -other documents-that-- secure -the Note or otherwise..
<br />executed in connection therewith, including without limitation guarantees, security
<br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1) Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />docl0.doc 1 of 6
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