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<br /> <br /> <br /> """"o.=io ~ <br /> (::,,"',-,) C> Ul <br /> 1-:-:0'::::> <br /> (;.J",) 0 -~ <::) <br /> ~ (I") () (:~:::> c:: l> l"'.,) it <br /> m -; <br /> ." :J: )> ,;";> "'- fTl <br /> c: m U) ........j -f C> <br /> Z n :I: -< C) a:- <br />n :l'l\ 0 '""1 C> <br />Z ~ C ~ - <br />m ~ (:. ::~ m ~ <br />n en ~""'_o ITJ <br />~ ::J: ,. :D ,;:,~," l,;,:, a <br /> ::3 r ;1) <br /> r f'"- }:-:.. en ~ <br /> I' f--' co'> <br /> ~ f--> A --.J <br /> \..... 1'>- G.) <br /> f--' "--""--" <br /> CD (I) W ~ <br /> (fJ <br /> <br /> <br />J\J <br />S <br />CSl <br />0'> <br />S <br />Q:l <br />-.....j <br />W <br />0J <br /> <br /> <br />WHEN RECORDED MAIL TO: <br />Five Points Bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE 68803 <br /> <br />FOR RECORDER'S USE ONLY <br /> <br />DEED OF TRUST <br /> <br />L/ t,. t'Tj. <br /> <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $100.000.00. <br /> <br />THIS DEED OF TRUST is dated September 29, 2006, among J & B RENTALS LLC; A NEBRASKA LIMITED <br /> <br />LIABILITY COMPANY ("Trustor"); Five Points Bank. whose address is North Branch, 2015 North Broadwell, <br /> <br />Grand Island. NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five <br /> <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 otherrights, royalties, and profits relatinlj 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 />LOT THREE (3) AND THE EASTERLY FIFTY-TWO FEET AND ELEVEN INCHES (52'11") OF LOT FOUR (4) <br /> <br />IN BLOCK ONE HUNDRED NINE (109) OF RAILROAD ADDITION TO THE CITY OF GRAND ISLAND, HALL <br /> <br />COUNTY, NEBRASKA <br /> <br />The Real Property or its address is commonly known as 321 N EDDY ST, GRAND ISLAND, NE 68801. <br /> <br />CROSS-COLlATERALlZATlON. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest <br />thereon, of either Trustor or Borrower to Lender, or anyone or more of them, as well as all claims by Lender against Borrower and Trustor <br />or anyone or more of them, whether now existing or hereaher arising, whether related or unrelated to the purpose of the Note, whether <br />voluntary or otherwise, whether due or not due, direct or indirect. determined or undetermined, absolute or contingent, liquidated or <br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety, <br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereaher may become barred by any statute of <br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. <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 $100,000.00. <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 (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 />