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2009o429s
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated effective as of May 28, 2009, among NEW PARADIGM
<br />REALTY, INC., a California corporation, whose address is 3886 Montego Drive, Huntington
<br />Beach, California 92649 ("Grantor"); METRO FUNDING CORP., a New Jersey corporation,
<br />whose address is One Kalisa Way, Suite 310, Paramus, New Jersey 07652 (referred to as
<br />"Lender" and "Beneficiary"); and GARY D. BYRNE, member of the Nebraska State Bar
<br />Association, whose address is PO Box 929 , North Platte NE 69103 ("Trustee").
<br />WHEREAS, this Deed of Trust is given to secure a loan (the "Loan") in the
<br />principal sum of Nine Hundred Fifty Thousand and 00/100 Dollars ($950,000.00) to be
<br />advanced pursuant to that certain Loan Agreement, dated as of the date hereof, between Grantor
<br />and Beneficiary (as the same may hereafter be amended, restated, replaced, supplemented,
<br />renewed, extended or otherwise modified from time to time, the "Loan Agreement") and
<br />evidenced by that certain promissory note, dated the date hereof, made by Grantor in favor of
<br />Beneficiary (as the same may hereafter be amended, restated, replaced, supplemented, renewed,
<br />extended or otherwise modified from time to time, (the "Note"));
<br />WHEREAS, Grantor desires to secure the payment of the Note and the
<br />performance of all of its obligations under the Note, the Loan Agreement and the other Loan
<br />Documents (as herein defined); and
<br />WHEREAS, this Deed of Trust is given pursuant to the Laan Agreement, and
<br />payment, fulfillment, and performance by Grantor of its obligations thereunder and under the
<br />other Loan Documents are secured hereby, and each and every term and provision of the Loan
<br />Agreement and the Nate, including the rights, remedies, obligations, covenants, conditions,
<br />agreements, indemnities, representations and warranties of the parties therein, are hereby
<br />incorporated by reference herein as though set forth in full and shall be considered a part.of this
<br />Deed of Trust (the Loan Agreement, the Note, this Deed of Trust and all other documents
<br />evidencing or securing the Note (including all additional deed of trusts, guarantees and
<br />assignments of leases and rents) ar executed or delivered in connection therewith, are hereinafter
<br />referred to collectively as the "Laan Documents").
<br />NOW THEREFORE, in consideration of the making of the Laan by Beneficiary
<br />and the covenants, agreements, representations and warranties set forth in this Deed of Trust:
<br />CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee intrust,
<br />with power of sale, far the benefit of Lender as Beneficiary, the following described real property,
<br />together with all existing or subsequently erected or affixed buildings, improvements and fixtures;
<br />and all easements, rights of way, and appurtenances; all water and water rights; and all other rights,
<br />royalties, and profits relating to the real property, including without limitation such rights as Grantor
<br />may have in all minerals, oil, gas, geothermal and similar matters, (the "Property") located in Hall
<br />County, State of Nebraska: See Schedule I
<br />The Property or its address is commonly known as 1515 E. 4rh Street, Grand Island, Nebraska.
<br />Grantor hereby absolutely assigns to Lender (also known as Beneficiary in this Deed of Trust) all of
<br />Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents
<br />from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security
<br />interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY
<br />INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A)
<br />PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL
<br />OBLIGATIONS UNDER THE LOAN AGREEMENT, NOTE, THE LOAN DOCUMENTS, AND
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