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<br /> i'O () n <br /> m :r ~ 111 <br /> "Tl <br /> c: rn (J' Z <br /> Z n ::r ~~""'~ ITI <br /> Q ::";; c;:.:'" 0 f,Jl 0 <br /> ~ t:1 .(..-:::::' Cl> -1 :T.l <br /> ~~ c........ rn <br /> m ~. I c: 1> N <br />N n ~ ~" r- -,. --4 CJ <br />:x: t' ". :::::0 ..o- m ~ <br />S ~ -4 0 <br /> ,.'.i :<:.::: (j) <br />S t"r' t ~.~ -< ,-~"'. <br />Q;) ~;') (...) C) ,; C) -y> <br />s '. "~, I~". .~... <br /> (::) "'\- t-' --q CD (0 <br />\Sl '''"il ...., -1 <br />-.....J -......I".. ,'I'I C) :1.1 <br />CJ) C) ~"')o- \::::.1 <br /> " -0 c::: <br />w 1-'-' '2\ ,- ~r) <br /> rT1 t :3 0 ..,~.(:II <br /> r :D- ..:;:-;,~ <br /> '- t.::~') U) rn <br /> (J) f--' --J <br /> 7" ~ <br /> ~ N :D- O) <br /> "'::>" <br /> .....::: --- ........- ..- <br /> c...:> 0 <br /> <::) (J) <br /> (f) <br /> <br /> <br /> <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 /> <br />\-A <br /> <br />,~ <br /> <br />~ <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 />