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<br />
<br />WHEN RECORDED MAIL TO:
<br />Five Point5 Bank
<br />North Branch i-:> ~ f:, ~I '/-. I <5"('0 ?
<br />2015 North Broadwell
<br />Grand Island, NE 68803
<br />
<br />FOR RECORDER'S USE ONLY
<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 />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $1.000.000.00.
<br />
<br />THIS DEED OF TRUST is dated January 28. 2008. among LITTLE B'S CORP.. A NEBRASKA CORPORATION
<br />("Trustor"); Five Points Bank. whose address is North Branch. 2015 North Broadwell. Grand Island. NE 68803
<br />(referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five Points Bank. whose
<br />address is P.O Box 1507. Grand Island. NE 68802-1507 (referred to below as "Trustee").
<br />
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<br />
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<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 dascribed real property, togather with all existing or
<br />subsequently erected or affixed buildings, improvaments 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, gaothermal and similar matters, (the "Real Property") located in HALL
<br />County. State of Nebraska:
<br />
<br />See SEE ATTACHED "EXHIBIT A" DESCRIBING REAL PROPERTY ATTACHED HERETO. which is attached
<br />to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein.
<br />
<br />The Real Property or its address is commonly known as UNDEVELOPED REAL PROPERTY LOCATED OFF OLD
<br />POTASH ROAD IN THE WESTGATE INDUSTRIAL PARK 2ND SUBDIVISION IN THE CITY OF GRAND ISLAND.
<br />HALL COUNTY. NE. GRAND ISLAND. NE 68803.
<br />
<br />CROSS-COllATERALlZATlON. In addition to the Note, this Deed of Trust sacures all obligations, dabts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to Lendar, or anyone or mora of them, as well as all claims by Lender against Borrower and Trustor
<br />or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to tha purpose of the Nota, whether
<br />voluntary or otharwise, whether due or not due, direct or indiract. determined or undetermined, absoluta or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with othars, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovary upon such amounts may be or hereaftar 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 />REVOl VING LINE OF CREDIT. This Deed of Trust securll5 thll Indebtednll5s including, without limitation, a revolving linll of credit, which
<br />obligates Lendllr to make advances to Borrower so long as Borrowllr complies with all thll terms of the Notll.
<br />
<br />Trustor presantly 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 laasas of the Property and all Rents from tha Property. In addition, Trustor grants to Lendar 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 DBlIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF
<br />RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF
<br />BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Daed of Trust is executed at Borrower's requast and
<br />
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