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<br />200800403
<br />
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />
<br />THIS DEED OF TRUST, is made as of the 17TH day of D E C E MB E R
<br />
<br />~cJ, 50
<br />,XI" ? 0 n 7 . by and among
<br />
<br />the Trustor, G I C HER R V PAR K J 'Tn
<br />whose mailing address is 1 5 0 0 S 7 0 T H S T SUI T E 20 1, LI N C 0 l N N E
<br />the Trustee F I V E POI NT S BAN K, A NEB R ASK A COR PO RAT ION
<br />
<br />whose mailing address is P 0 BOX 1 5 0 7. G RAN 0 I S l AND
<br />the Beneficiary, F I V E POI NT S BAN K
<br />whose mailing address is 2 0 1 5 N BRa A D WEll G RAN D I S l AND. N E fi 8 8 0 1
<br />
<br />(herein "Trustor", whether one or more),
<br />
<br />NE 68802
<br />
<br />(herein "Trustee"), and
<br />
<br />(herein "Lender").
<br />
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per.
<br />sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip-
<br />ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ-
<br />ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and
<br />all of the foregoing being referred to herein as the "Property".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by. a fromisso!y' note or credit agree-
<br />ment dated S E P T E M B E R 5. 1 9 9 7 , having a maturity date of MAy 5, 2 0 1 2 ,
<br />
<br />in the original principal amount of $ 1 , 051 , 667 . 00 , and any and all modifications, extensions and renewals
<br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant
<br />to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lender to
<br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and
<br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contin-
<br />gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that
<br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien creat-
<br />ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to
<br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or
<br />other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage", and
<br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional
<br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and
<br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness
<br />secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or
<br />(Hi) for any other purpose or Object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured
<br />hereby before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the due date
<br />of any payments under the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient
<br />sums to enable Lender to pay as they become due one or more of the fOllowing: (i) all taxes, assessments and other charges against
<br />the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance
<br />required by Lender.
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall
<br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora-
<br />tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer
<br />or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis.
<br />charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any
<br />part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br />
<br />NBC 3457 (Nonagricultural Deed) Rev. 5'96
<br />C HlB8 National Bank of CommercaTrust and Savings Association, LIncoln. Neotaska
<br />
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