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<br />WHEN RECORDED MAIL TO:- 'h r .-
<br />Five Points Bank
<br />Downtown
<br />370 N. Walnut
<br />Grand Island. NE 68801
<br />
<br />60}5
<br />FOR RECORDER'S USE ONLY C
<br />
<br />DEED OF TRUST
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $390.479.00.
<br />
<br />THIS DEED OF TRUST is dated May 25. 2006. among LESLIE'S ENTERPRISES.L.L..C. and JOHN M
<br />
<br />CUNNINGHAM ("Trustor"); Five Points Bank. whose address is Downtown. 370 N. Walnut. Grand Island. NE
<br />
<br />68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank.
<br />
<br />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 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 ATTACHMENT
<br />
<br />The Real Property or its address is commonly known as GRAND ISLAND. NE,
<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 hereaher may become otherwise unenforceable.
<br />
<br />FUTURE ;,iJ"'Aj~CES. in achJilion to the Note, this Deed of Trust se<;ures all futurtl 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.
<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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI 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 />
<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 />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />_......~,.. ':1> ,.,j
<br />
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