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<br /> f\ ~ <br /> - r-..:t <br /> . ~ (":) en <br /> c;;;;:> 0 <br />N ~ '" ~<: ~f C.I'"> O--j [ <br />CSl c:> <br /> m c::;J z--j N <br />C$l '"T1 rT"1 <br />CJ1 U) c:: C':) --jfTl 0 <br />...... ~ Z 0:1: -< <:) a;- <br />N n ~ 0 ~ ....... C> ..., C) <br />N % ~ if en ..., :z <br />(j) m Ul - <br />OJ n (I) ...\:- :c rTl ::3 <br /> "lIi :J: ~ -0 l> co ......... I <br /> ::3 I :::0 <br /> 0~ I l> .. N <br /> en N <br /> \' -t: ;><:: <br /> '-' > <br /> C) -- 0) <br /> -..J (n Q) 2 <br /> en <br /> 0 <br /> WHEN RECORDED MAIL TO: <br /> Five Points Bank <br /> North Branch <br /> 2015 North Broadwell <br /> Grand Island, NE 6B803 FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST . ~, <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $775,000.00. . ~ <br /> <br />THIS DEED OF TRUST is dated December 14, 2005, among J G INVESTMENTS LLC; A NEBRASKA LIMITED \' <br /> <br />LIABILITY COMPANY ("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 Five <br />Points Bank, whose address is P.O Box 1507. Grand Island, NE 68802-1507 (referred to below as "Trustee"). <br /> <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 Trustor'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 <br />rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br /> <br />LOT ONE (1). RICHMOND SECOND SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY. <br />NEBRASKA <br /> <br />The Real Property or its address is commonly known as 611 N DIERS AVE. GRAND ISLAND. NE 68803. The <br />Real Property tax identification number is 400388995. <br /> <br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the <br />advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts <br />specified in the Note, all future amounts Lender in its discretion may loan to Borrower, together with all interest thereon; however, in no <br />event shall such future advances (excluding interest) exceed in the aggregate $775,000.00. <br /> <br />Trustor 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 <br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial <br />Code security interest in the Personal Property and Rents. <br /> <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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 /> <br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and <br />not 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 <br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument <br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has <br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) <br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower). <br /> <br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other <br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise <br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by <br />exercise of a power of sale. <br /> <br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower shall pay to Lender all Indebtedness <br />secured by this Deed of Trust as it becomes due, and Borrower and Trustor shall strictly perform all their respective obligations under the <br />Note, this Deed of Trust, and the Related Documents. <br />