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<br />
<br />WHEN RECORDED MAil TO:
<br />Bank of the West
<br />4321 20th Ave SW
<br />FarQo, NO 58103
<br />
<br />FOR RECORDER'S USE ONLY
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<br />*105052391500000000180340*
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated January 8, 2009, among MARTINEZ ENTERPRISES, LLC, a Nebraska Limited
<br />
<br />Liability Company, whose address is 4183 INDIANHEAD RD, GRAND ISLAND, NE 68803 ("Trustor"); BANK
<br />
<br />OF THE WEST, whose address is Grand Island #21341,3301 W State St, Grand Island, NE 68803 (referred
<br />
<br />to below sometimes as "lender" and sometimes as "Beneficiary"); and Bank of the West, whose address is
<br />
<br />3301 W State St, Grand Island, NE 68803 (referred to below as "Trustee").
<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 described real property, together with all existing or
<br />subsequently erected or affixed buildin9s, 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); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar metters, (the "Real Property") located in HAll
<br />
<br />County, State of Nebraska:
<br />
<br />Unit 2716, Island West Plaza Condominium Property Regime, in the City of Grand Island, Hall County,
<br />
<br />Nebraska; According to the Master Deed filed July 18, 2005 as Inst. No. 200506707 and by the By-laws
<br />
<br />filed September 13, 2005 as Inst. No. 200508988; as Amended by Filing of Record, Grand Island, Hall
<br />
<br />County, Nebraska
<br />
<br />The Real Property or its address is commonly known as 2716 OLD FAIR RD, GRAND ISLAND, NE 68803.
<br />
<br />The Real Property tax identification number is 400429764.
<br />
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust seCures ell future edvances made by Lender to Trustor whether or not the
<br />advances are made pursuent to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, togethar with all interest thereon.
<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 (A) PAYMENT OF THE INDEBTEDNESS AND (B) 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 />PA YMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shell pay to Lender all amounts secured by
<br />this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the Note, this
<br />Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property shall be
<br />governed by the following provisions:
<br />
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of the Property;
<br />(2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />
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