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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />Kearney
<br />1809 W. 39th Street
<br />Kearnev. NE 68845
<br />
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />
<br />FOR RECORDER'S USE ONLY
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<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $2,600,000.00.
<br />
<br />THIS DEED OF TRUST is dated October 24, 2006, among PEDCOR INVESTMENTS-2005-LXXXII, L.P.; AN
<br />
<br />INDIANA LIMITED PARTNERSHIP ("Trustor"); Five Points Bank, whose address is Kearney, 1809 W. 39th
<br />
<br />Street, Kearney, NE 68845 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and
<br />
<br />Five Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as
<br />
<br />"Trustee").
<br />
<br />CONVEY ANCE 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 />LOT ONE (1) PEDCOR SECOND SUBDIVISION, TO THE CITY OF GRAND ISLAND, HALL COUNTY.
<br />
<br />NEBRASKA.
<br />
<br />TOGETHER WITH THAT APPURTENANT, NON-EXCLUSIVE EASEMENT FOR ACCESS, UTILITIES AND
<br />
<br />RECREATIONAL FACILITIES AS CREATED IN THAT CERTAIN EASEMENT AND LICENSE DECLARATION
<br />
<br />BY PEDCOR INVESTMENTS-1999-XL, L.P. AND PEDCOR INVESTMENTS, A LIMITED LIABILITY COMPANY
<br />
<br />DATED SEPTEMBER 5, 2001, RECORDED SEPTEMBER 7, 2001, AS DOCUMENT NO. 200109052.
<br />
<br />The Real Property or its address is commonly known as 117 LAKEVIEW CIRCLE DRIVE, GRAND ISLAND, NE
<br />
<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 Trustor, together with all interest thereon; however. in no
<br />event shall such future advances (excluding interest) exceed in the aggregate $2,600,000.00.
<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 (AI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE. THE RELATED DOCUMENTS. AND THIS DEED OF TRUST. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT
<br />OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS ALSO GIVEN TO SECURE ANY AND ALL OF
<br />TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN
<br />DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT. OR ANY OF THE RELATED DOCUMENTS
<br />REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
<br />ACCEPTED ON THE FOLLOWING TERMS:
<br />
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