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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank I' () l?~/)l /5 {} 7
<br />North Branch
<br />2015 North Broadwell '2---
<br />Grand Island, NE 68803
<br />
<br />DEED OF TRUST
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<br />FOR RECORDER'S USE ONLY
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $1,500,000.00.
<br />
<br />THIS DEED OF TRUST is dated February 7, 2008, among FOX CREEK LLC, A NEBRASKA LIMITED LIABILITY
<br />COMPANY ("Trustor"); Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand Island,
<br />NE 68803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below
<br />as "Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER Of SAl.E, for th(" benefit of
<br />lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected 01 affixed buildings, improvements 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); C1nd all other rights, royalties, and profits relating to the real
<br />property, incliJding without limitation ;lll minerals, oil, gas, geothermal and similar matters, (the "Real Property") lo(;ated in HALL
<br />County, State of Nobrilska:
<br />
<br />AN UNDIVIDED 19% INTEREST IN LOTS ONE (1) THROUGH TEN (10), INCLUSIVE, AND OUTLOTS A, B,
<br />AND C, EWOLDT SUBDIVISION, AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />
<br />The Real Property or its address is commonly known as UNDEVELOPED COMMERCIAL REAL ESTATE
<br />
<br />LOCATED AT THE SOUTHWEST CORNER OF HWY. 281 AND HUSKER HWY., GRAND ISLAND, NE 68803.
<br />
<br />CROSS-COllATERALlZATlON. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor or Borrower to lender, or anyone or more 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 the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with others, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter 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 />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all future amounts lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate $1,500,000.00.
<br />
<br />Trustor presently 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 leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender 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 IAI PAYMENT OF THE INDEBTEDNESS AND IBI PERFORMANCE Of ANY AND All OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOllOWING TERMS:
<br />
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />not at the request of lender; (b) Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; (cl the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />
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