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<br />WHEN RECORDED MAllO:
<br />CAPITAL CITY BANK
<br />COMMERCIAL
<br />P.O. BOX 1433
<br />TOPEKA. KS 66601
<br />
<br />DEED OF TRUST
<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />~I
<br />~
<br />
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at anyone time $1,840,000.00.
<br />
<br />THIS DEED OF TRUST isl dated April 15, 2008, among Jayhawk Investments 101, L1c, whose address is 730
<br />New Hampshire # 3m, LJawrence, KS 66044; A LIMITED LIABILITY COMPANY ("Trustor"); CAPITAL CITY
<br />BANK, whose address Isl COMMERCIAL, P.O. BOX 1433, TOPEKA, KS 66601 (referred to below sometimes
<br />as "Lender" and sometimes as "Beneficiary"); and Kenneth F George, whose address is 322 W 39th St,
<br />I
<br />Kearney, NE 68845 (referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. FAr valuable consideration, Trustor conveys to Trustee In trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of T~stor's right, tille, and Interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed bpildlngs, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and
<br />ditch rights (including stock In utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real proe.erty, Including
<br />without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Hall County, State of
<br />Nebraska:
<br />
<br />LOT FIVE (5), MEN1RD SECOND SUBDIVISION, IN THE CITY OF GRAND ISL.AND, HALL COUNTY,
<br />
<br />NEBRASKA.
<br />
<br />The Real Property or Its address is commonly known as 2390 Diers Avenue, Grand Island, NE 68803. The
<br />
<br />Real Property tax identifirl ation number is 400370174.
<br />
<br />CROSS-COLLATERALIZATlON. In addltlon to the Note, this Deed Of Trust secures all obligations, debts and liabilities, plus interest thereon, of
<br />Trustor to lender, or anyone or \TIore of them, as well as all claims by lender against Trustor or anyone or more of them, whether now existing
<br />or hereafter arising, whether rela\ed or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable Individually or jointly with
<br />others, whether obligated as gua(antor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter
<br />may become barred by any statu'te of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise
<br />unenforceable. I
<br />
<br />FUTURE ADVANCES. in addllion 10 the Note, this Deed of Trust secures all future advances made by Lenderto Trustor whether or not the
<br />advances are made pursuant to ~ commitment. Specifically, withoullimitation, this Deed of Trust secures, in addition to Ihe amounts specified In
<br />the Note, all future amounts lender In lls discretion may loan to Trustor, together with all interest thereon; however, in no event shall such future
<br />advances (excluding Interest) excred in the aggregate $1,840,000.00.
<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 present
<br />and future leases of the Property and all Rents from the Property. in addition, Trustor grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Rents.
<br />
<br />THIS DEED OF TRUST, INCLJDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SEC~RE (A) PAYMENT OF THE INDEBTEDNESS AND (8) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELAlilED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />
<br />PAYMENT AND PERFORMANCE. Except as olherwise provided in this Deed of Trust, Trustor shall pay to lender all amounts secured by this
<br />Deed of Trust as they become dJe, and shall strictly and in a timely manner perform all of Trustor's .obligations under the Note, this Deed of Trust,
<br />and the Related Documents. I
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be governed
<br />by the following provisions:
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