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<br />i7 <br /> <br />Loan No: 13820 <br /> <br />DEED OF TRUST <br />(Continued) <br /> <br />200800858 <br /> <br />Page 4 <br /> <br />the Real Property, facilities, additions, replacements and other construction on the Real Property. <br /> <br />Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note <br />or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note <br />or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by <br />Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this <br />Deed of Trust. Specifically, without limitation, Indebtedness includes the future advances set forth in the Future Advances provision, <br />together with all interest thereon and all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed <br />of Trust. <br /> <br />Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS, its successors and assigns. <br /> <br />Note. The word "Note" means the promissory note dated January 28, 2008, in the original principal amount of <br />$800.050.50 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, <br />consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is February 1, <br />2018. NOTICE TO TRUSTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. <br /> <br />Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or <br />hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and <br />additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without <br />limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. <br /> <br />Property. The word "Property" means collectively the Real Property and the Personal Property. <br /> <br />Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. <br /> <br />Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental <br />agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other <br />instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. <br /> <br />Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived <br />from the Property. <br /> <br />Trustee. The word "Trustee" means Five Points Bank of Hastings, whose address is P.O Box 55, Hastings, NE 68902-0055 and any <br />substitute or successor trustees. <br /> <br />Trustor. The word "Trustor" means BPW INC. <br /> <br />TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND TRUSTOR AGREES TO ITS TERMS. <br /> <br />TRUSTOR: <br /> <br /> <br />CORPORATE ACKNOWLEDGMENT <br /> <br />STATE OF <br /> <br />rJ aJD A .... ..~ .a. <br />- <br /> <br />I <br />) SS <br />) <br /> <br />COUNTY OF -----Ak~,.. ~ _______ <br /> <br />L.' <br />On this 3 t day of _~ ,4.""'"..A1_____, 20". , before me, the undersigned Notary Public, <br />personally appeared PHILIP F WERNER JR. President of BPW~,md BRIAN K BASSETT, Treasurer of BPW INC. and known to me to be <br />authorized agents of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act <br />and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein <br />mentioned, and on oath stated that they are authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of <br />the corporation. <br /> <br />JAMES C. McKEE <br />GENERAL NOTARIAL <br />..AL <br />STATE OF NEBRASKA <br />Commission Expires <br />July 3. 2q <br /> <br /> <br />By t- <br />Not r ublic in and for the State of ~ ..It It".... 4 -- <br />Residing at M '" 6~ J tJ '- <br />My commission expires 7- . -.~ <br /> <br />- <br /> <br />REQUEST FOR FULL RECONVEYANCE <br />(To be used only when obligations have been paid in full) <br />___________, Trustee <br /> <br />To: <br /> <br />The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust <br />have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed <br />of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with <br />this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held <br />by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: <br /> <br />Date: <br /> <br />Beneficiary: <br />By: <br />Its: <br /> <br />LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008. <br />C:\CFI\LPL\G01.FC TR-13295 PR-13 <br /> <br />All Ri9htS Reserved. <br /> <br />- NE <br />