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<br />THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Security Instrument ") is made as of March
<br />31, 2006, by Raymond V. Robertson and Marilyn Robertson, husband and wife, having an address at 303 Thebe St,
<br />Cairo, NE 68824, as grantor ( "Borrower "), to First American Title Insurance Company, 123 N. Locust Street, Ste 201C,
<br />Grand Island, NE 68801, as Trustee ( "Trustee "), for the benefit of InterBay Funding, LLC, a Delaware Limited Liability
<br />Company, having an address at 4601 Sheridan Street, 6th Floor, Hollywood, Florida 33021, as beneficiary ( "Lender ").
<br />RECITALS:
<br />Borrower by its promissory note of even date herewith given to Lender is indebted to Lender in the principal
<br />SUM of One 1- lundred Twenty -Three Thousand Two Hundred Fifty and No /100 Dollars ($123,250.00) in lawful money of
<br />the United States of America (the note together with all extensions, renewals, modifications, substitutions and
<br />amendments thereof shall collectively be referred to as the "Note "), with interest from the date thereof at the rates set
<br />forth in the Note, principal and interest to be payable in accordance with the terms and conditions provided in the Note
<br />and with a maturity date of April 1, 2021.
<br />Borrower desires to secure the payment of the Debt (hereinafter defined in Article 2) and the performance of all
<br />of its obligations under the Note and the Other Obligations (defined in Article 2).
<br />ARTICLE 1. - GRANTS OF SECURITY
<br />Section 1.1. PROPERTY TR 5T. To secure the full and timely payment and performance of the Debt and
<br />the full and i i finely performance and discharge of the Other Obligations, Borrower has GRANTED, BARGAINED, SOLD
<br />and CONVEYED, and by these presents does GRANT, BARGAIN, MORTGAGE, SELL, CONVEY and CONFORM in
<br />trust with power of sale, as permitted by applicable law, unto Trustee the following described "Property ", subject,
<br />however, to the Permitted Exceptions (defined in Section 5.1), TO HAVE AND TO HOLD the Property unto Trustee, his
<br />successors in trust and the Trustee's assigns forever, and Borrower does hereby bind itself, its successors and assigns, to
<br />warrant and forever defend title to the Property unto Trustee against every person whomsoever lawfully claiming or to
<br />claim the s-,niie or any part thereof; provid , howgygr, that if Borrower shall pay (or cause to be paid) the Debt as and
<br />when the saine shall become due and payable and shall perform and discharge (or cause to be performed and discharged)
<br />all of the Other Obligations of Borrower under the Note and this Security Instrument and the Other Security Documents
<br />on or before the date same are to be performed and discharged, then the liens, security interests, estates and rights granted
<br />by this Security Instrument and the Other Security Documents shall terminate and be released by the Trustee, otherwise
<br />same shall remain in full force and effect. In the event of such termination and release, Trustee, shall, at the request of
<br />Lender and at the expense of Borrower,execute an instrument in writing and in recordable form providing for the release
<br />of the liens. security interests, estates and rights granted by the Security Instrument and the Other Security Documents.
<br />As used herein, the term "Property" shall mean the following property, rights, interests and estates now owned,
<br />or hereafter acquired by Borrower (collectively, the "Property ,,):
<br />"Land " ) ; (a) Land- The real property described in Exhibit A attached hereto and made a part hereof (the
<br />(b) Additional Land. All additional lands, estates and development rights hereafter acquired by
<br />Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein
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<br />THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Security Instrument ") is made as of March
<br />31, 2006, by Raymond V. Robertson and Marilyn Robertson, husband and wife, having an address at 303 Thebe St,
<br />Cairo, NE 68824, as grantor ( "Borrower "), to First American Title Insurance Company, 123 N. Locust Street, Ste 201C,
<br />Grand Island, NE 68801, as Trustee ( "Trustee "), for the benefit of InterBay Funding, LLC, a Delaware Limited Liability
<br />Company, having an address at 4601 Sheridan Street, 6th Floor, Hollywood, Florida 33021, as beneficiary ( "Lender ").
<br />RECITALS:
<br />Borrower by its promissory note of even date herewith given to Lender is indebted to Lender in the principal
<br />SUM of One 1- lundred Twenty -Three Thousand Two Hundred Fifty and No /100 Dollars ($123,250.00) in lawful money of
<br />the United States of America (the note together with all extensions, renewals, modifications, substitutions and
<br />amendments thereof shall collectively be referred to as the "Note "), with interest from the date thereof at the rates set
<br />forth in the Note, principal and interest to be payable in accordance with the terms and conditions provided in the Note
<br />and with a maturity date of April 1, 2021.
<br />Borrower desires to secure the payment of the Debt (hereinafter defined in Article 2) and the performance of all
<br />of its obligations under the Note and the Other Obligations (defined in Article 2).
<br />ARTICLE 1. - GRANTS OF SECURITY
<br />Section 1.1. PROPERTY TR 5T. To secure the full and timely payment and performance of the Debt and
<br />the full and i i finely performance and discharge of the Other Obligations, Borrower has GRANTED, BARGAINED, SOLD
<br />and CONVEYED, and by these presents does GRANT, BARGAIN, MORTGAGE, SELL, CONVEY and CONFORM in
<br />trust with power of sale, as permitted by applicable law, unto Trustee the following described "Property ", subject,
<br />however, to the Permitted Exceptions (defined in Section 5.1), TO HAVE AND TO HOLD the Property unto Trustee, his
<br />successors in trust and the Trustee's assigns forever, and Borrower does hereby bind itself, its successors and assigns, to
<br />warrant and forever defend title to the Property unto Trustee against every person whomsoever lawfully claiming or to
<br />claim the s-,niie or any part thereof; provid , howgygr, that if Borrower shall pay (or cause to be paid) the Debt as and
<br />when the saine shall become due and payable and shall perform and discharge (or cause to be performed and discharged)
<br />all of the Other Obligations of Borrower under the Note and this Security Instrument and the Other Security Documents
<br />on or before the date same are to be performed and discharged, then the liens, security interests, estates and rights granted
<br />by this Security Instrument and the Other Security Documents shall terminate and be released by the Trustee, otherwise
<br />same shall remain in full force and effect. In the event of such termination and release, Trustee, shall, at the request of
<br />Lender and at the expense of Borrower,execute an instrument in writing and in recordable form providing for the release
<br />of the liens. security interests, estates and rights granted by the Security Instrument and the Other Security Documents.
<br />As used herein, the term "Property" shall mean the following property, rights, interests and estates now owned,
<br />or hereafter acquired by Borrower (collectively, the "Property ,,):
<br />"Land " ) ; (a) Land- The real property described in Exhibit A attached hereto and made a part hereof (the
<br />(b) Additional Land. All additional lands, estates and development rights hereafter acquired by
<br />Borrower for use in connection with the Land and the development of the Land and all additional lands and estates therein
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