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<br /> e
<br />
<br />WHEN RECORDED MAIL TO:
<br />Wells Fargo Bank. National Association
<br />Attn: Collateral Processing. Rep III
<br />730 2nd Avenue South. Suite 1000
<br />Minneapolis. MN 55479
<br />
<br />200600511
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />
<br />200063170636100235
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $250,000.00.
<br />
<br />THIS DEED OF TRUST is dated January 12, 2006, among GIPH Restaurants, L.L.C., a Nebraska Limited
<br />
<br />Liability Company, whose address is 3048 West Stolley Park Road, Grand Island, NE 68801; ("Trustor");
<br />
<br />Wells Fargo Bank, National Association, whose address is Grand Island - Main, 304 W. 3rd Street, Grand
<br />
<br />Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Wells Fargo
<br />
<br />Financial National Bank, whose address is c/o Minneapolis Loan Ops Center, 730 2nd Avenue South, Suite
<br />
<br />1000, Minneapolis, MN 55479 (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 />
<br />County, State of Nebraska:
<br />
<br />See Exhibit A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
<br />
<br />forth herein.
<br />
<br />The Real Property or its address is commonly known as 1608 South Locust Street, Grand Island, NE 68801.
<br />
<br />The Real Property tax identification number is 400147424.
<br />
<br />CROSS.COLLATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of Trustor to lender. or anyone or more of them, as well as all claims by Lender against Trustor or anyone or more of them,
<br />whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise,
<br />whether due or not due, direct or indirect, determined or undetermined. absolute or contingent, liquidated or unliquidated. whether Trustor
<br />may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br />recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may be or hereafter may become otherwise unenforceable.
<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 (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 />
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
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