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C) <br />r'0 ........................... <br />CD P CO ~ <br /> >I() <br /> <br />c."! <br /> <br />N <br />\Sl <br />G <br />(j) <br />~ <br />~ <br />"J::. <br />\Sl <br />0:> <br /> <br />~ <br />J\ <br />o <br /> <br />-:.::) <br />"" <br /> <br />~,~ <br />I. <br />~ <br /> <br />'....'., <br /> <br />Space Above This Line For Recording Data <br /> <br />DEED OF TRUST <br />(With Future Advance Clause) <br />Construction Security Agreement <br /> <br />.? ,5; So <br /> <br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is December 8, 2006. The parties <br />and their addresses are: <br />TRUSTOR (Grantor): <br />JLF, LLC <br />A Nebraska Limited Liability Company <br />21 54 11 th Road <br />Central City, Nebraska 68826 <br /> <br />TRUSTEE: <br />PLATTE VALLEY STATE BANK & TRUST COMPANY <br />a Nebraska Corporation <br />PO Box 51 68 <br />Grand Island, Nebraska 68802 <br /> <br />BENEFICIARY (Lender): <br />PLATTE VALLEY STATE BANK &TRUST COMPANY <br />Organized and existing under the laws of Nebraska <br />810 Allen Drive <br />Grand Island, Nebraska 68803 <br />1. SMALL BUSINESS ADMINISTRATION. The Secured Debts secured by this lien were made under a United <br />States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business <br />owners. If the United States is seeking to enforce this Security Instrument, then under SBA regulations: <br />A. When SBA is the holder of the Note, this Security Instrument and all documents evidencing or securing <br />the Secured Debts will be construed in accordance with federal law. <br />B. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents, <br />giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any <br />federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or <br />assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA <br />with respect to the Secured Debts. <br />Any clause in this Security Instrument requiring arbitration is not enforceable when SBA is the holder of the <br />Note secured by this Security Instrument. <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, <br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably <br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following <br />described property: <br /> <br />Lot Ten (10), Meadowlark West Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska <br /> <br />The property is located in Hall County at 940 N Webb Rd, Grand Island, Nebraska 68803. <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, <br />all diversion payments or third party payments made to crop producers and all existing and future <br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the <br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the <br />Secured Debts and all underlying agreements have been terminated in writing by Lender. <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at anyone <br />time will not exceed $800,000.00. This limitation of amount does not include interest and other fees and <br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances <br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the <br />covenants contained in this Security Instrument. <br />4. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the <br />following: <br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and <br />replacements. A promissory note or other agreement, No. 316710-100, dated December 8, 2006, from <br />JLF, LLC and Coffee with Class, Inc. (Borrower) to Lender, with a loan amount of $800,000.00. One or <br />more of the debts secured by this Security Instrument contains a future advance provision. <br />B. All Debts. All present and future debts from JLF, LLC and Coffee with Class, Inc. to Lender, even if this <br />Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type <br />than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts <br />JLF, LLC <br />Nebraska Deed Of Trust Initials <br />NE/4XX28333000937100005187024120706Y @1996 Bankers Systems, Inc., St. Cloud, MN ~ Page 1 <br />