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<br />This DEED OF TRUST is made as of the 1st day of September, 2005 by and among the
<br />Trustor, LBE FAMILY LIMITED PARTNERSHIP, whose mailing address for purposes
<br />of this Deed of Trust is 419 S. Tilden, Grand Island, NE (herein, "Trustor ", whether one or
<br />more), the Trustee, Equitable Federal Savings Bank of Grand Island whose mailing address is
<br />113 -115 N. Locust St. Grand Island, NE 68801 (herein "Trustee "), and the Beneficiary, Equitable
<br />Federal Savings Bank of Grand island, whose mailing address is PO Box 160, Grand Island
<br />NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified
<br />herein to LBE FAMILY LIMITED PARTNERSHIP (herein "Borrower ", whether one or
<br />more), and the trust herein created, the receipt of which is hereby acknowledged, Trustor
<br />hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />See Attached Exhibit "A"
<br />which has the address of 2303 -2309 W. Capital; 2416 -2418 N. Kruse;
<br />W. 1st: 1111 -1115 W. 10th St.: 2620 -2626 W. Anna: 805 -807 W. 121h
<br />St.; 660 Faidley Ct.; 2221 -2223 -2225 W. Cottage St. (Street) Grand Island (City),
<br />Nebraska 68803 (Zip Code) ( "Property Address ");
<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 evidenced
<br />by a Promissory Note dated 9/1/2005, having a maturity date of 9/1/2015, in the
<br />original principal amount of Nine Hundred Sixty- Thousand and No /100 Dollars
<br />($960,000.00), and any and all modifications, extensions and renewals thereof or thereto and
<br />any and all future advances and readvances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit arrangements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d)
<br />all present and future indebtedness and obligations of Borrower (or any of them if more than
<br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall
<br />be referred to herein as the "Loan 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 />Davis DOT.doc
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<br />20050882 �
<br />DEED OF TRUST
<br />Loan #809159
<br />This DEED OF TRUST is made as of the 1st day of September, 2005 by and among the
<br />Trustor, LBE FAMILY LIMITED PARTNERSHIP, whose mailing address for purposes
<br />of this Deed of Trust is 419 S. Tilden, Grand Island, NE (herein, "Trustor ", whether one or
<br />more), the Trustee, Equitable Federal Savings Bank of Grand Island whose mailing address is
<br />113 -115 N. Locust St. Grand Island, NE 68801 (herein "Trustee "), and the Beneficiary, Equitable
<br />Federal Savings Bank of Grand island, whose mailing address is PO Box 160, Grand Island
<br />NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified
<br />herein to LBE FAMILY LIMITED PARTNERSHIP (herein "Borrower ", whether one or
<br />more), and the trust herein created, the receipt of which is hereby acknowledged, Trustor
<br />hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />See Attached Exhibit "A"
<br />which has the address of 2303 -2309 W. Capital; 2416 -2418 N. Kruse;
<br />W. 1st: 1111 -1115 W. 10th St.: 2620 -2626 W. Anna: 805 -807 W. 121h
<br />St.; 660 Faidley Ct.; 2221 -2223 -2225 W. Cottage St. (Street) Grand Island (City),
<br />Nebraska 68803 (Zip Code) ( "Property Address ");
<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 evidenced
<br />by a Promissory Note dated 9/1/2005, having a maturity date of 9/1/2015, in the
<br />original principal amount of Nine Hundred Sixty- Thousand and No /100 Dollars
<br />($960,000.00), and any and all modifications, extensions and renewals thereof or thereto and
<br />any and all future advances and readvances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit arrangements (herein called
<br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d)
<br />all present and future indebtedness and obligations of Borrower (or any of them if more than
<br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall
<br />be referred to herein as the "Loan Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1) PayMent of Indebtedness. All indebtedness secured hereby shall be paid when due.
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