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<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Points Blink
<br />Kearney
<br />'809 W. 39th Street
<br />Kearnev, NE 68845
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<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />'If .(ftJ
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $107.528.00.
<br />
<br />THIS DEED OF TRUST is dated August 30. 2006. among AUTO ONE. INC. . A NEBRASKA CORPORATION
<br />("Trustor"); Five Points Bank. whose address is Kearney. 1809 W. 39th Street. Kearney. NE 68845 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank. whose address is P.O
<br />Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration. Trustor conveys to Trustae 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 relatin!;J 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 />LOTS 1 . 2. 3. 4. 5 AND 6, IN BLOCK 1. BETTER HOMES SUBDIVISION. SAID BLOCK 1 BEING LOCATED
<br />ON AND BEING A SUBDIVISION OF LOTS 4, 5. 6 AND 7. AND THE NORTH 38.3 FEET OF LOT 8. IN
<br />BLOCK 1. IN WILLIAM FRANK ADDITION TO THE CITY OF GRAND ISLAND. HALL COUNTY, NEBRASKA,
<br />EXCEPTING TRACTS OF LAND MORE PARTICULARLY DESCRIBED IN DEED 163. PAGE 627; DEED 164.
<br />PAGE 363; DEED 164. PAGE 15; DEED 164. PAGE 659. AND EXCEPT THAT PORTION CONVEYED TO
<br />THE CITY OF GRAND ISLAND. NEBRASKA. BY WARRANTY DEED FILED MAY 4. 1982 AS INST. NO.
<br />82-001774. ALL RECORDED IN THE REGISTER OF DEEDS. HALL COUNTY. NEBRASKA.
<br />
<br />The Real Property or its address is commonly known as 1140 S LOCUST STREET, GRAND ISLAND. NE
<br />68801 .
<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 $107,528.00.
<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 (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 />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 none action" or "anti-deficiency" law, or any other
<br />
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