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<br />WHEN RECORDED MAil TO:
<br />CORNERSTONE BANK
<br />Grand Island Main Facility
<br />810 North Dlars Avenua
<br />P.O. Box 1074
<br />Grand Island, NE 68802-1074
<br />
<br />(' ~O
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<br />
<br />FOR RECORDER'S USE ONLY
<br />
<br />DEED OF TRUST
<br />
<br />THIS DEED OF TRUST is dated May 8, 2009, among M Sq. Designs Inc.; A Nebraska Corporation ("Trustor");
<br />
<br />CORNERSIONE BANK, whose address is Grand Island Main Facility, 810 North Diers Avenue, P.O. Box 1074,
<br />
<br />Grand Island, NE 68802-1074 (referred to below sometimes as "lender" and sometimes as "Beneficiary");
<br />
<br />and CORNERSTONE BANK, whose address is 529 LINCOLN AVENUE, YORK, NE 68467 (referred to below as
<br />
<br />"Trustee").
<br />
<br />CONVEYANCE AND GRANT. For valuabla consldllration. Trustor convllys to Trustllll In trust. WITH POWER OF SALE. for thllbllnllfit 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 buildings, Improvements and fixtures; all easements, rights of way, and appurten . all water, water
<br />rights and ditch rights (including stock in utilities with ditch or Irrigation rights); and all other rights, royalties, a profits rating to the real
<br />property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real P perty") I ated in Hall
<br />
<br />County, State of Nebraska: h.LJ ~
<br />
<br />The Westerly Twenty Two (22) Feet of lot Seven (7), in Block Fifty Eight ( . . al Town of
<br />
<br />Grand Island, Hall County, Nebras.~.a.
<br />
<br />The Real Property or its address is commonly known a8 412 West Third St, Gran Island 01-5943.
<br />
<br />~RdSs.COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts d Iiabil ies, plus interest
<br />~hereon, of either Trustor or Borrower to lender, or anyone or more of them, as well as all claims by l a ainst 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 llndetermined, 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 unllnforceable.
<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.
<br />
<br />Trustor presently assigns to lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, ar'1d 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 (AI 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 />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; (c) 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 />lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or aftar Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
<br />
<br />PAYMENT AND PERFORMANCE. Except' as otherwifl:l provided in this Deed of Trust, Borrower and Trustor shall pay to lender all
<br />Indebtedness secured by this Deed of Trust as it becomes due, and BOrrower and Trustor shall strictly perform all their respective
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrowllr and Trustor agree that Borrower's and Trustor's possession and use of
<br />the Property shall be 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 />
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
<br />maintenance necessary to preserve its value.
<br />
<br />Compliance With Environmental laws. Trustor represents and warrants to Lender that: (1) During the period of Trustor's ownership
<br />of the Property, there has been no use, generation, manufecture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance by any person on, under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe
<br />that there has been, except as previously disclosed to and acknowledged by lender in writing, (a) any breach or violation of any
<br />Environmental laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any
<br />Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or '(c) any actual or
<br />threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and
<br />acknowledged by Lender in writing, (a) neither Trustor nor any tenant, contractor, agent or other authorized user of the Property
<br />shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property;
<br />and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and
<br />
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