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.~~. <br />-~-~-' <br />Cl <br />n <br />m <br />~ yv ~ ~, <,, <br /> , t. C'"' ~ _ C~ r~ ~ ~ ~v <br /> <br />~ ~~r ~ ~ .. :~ I--~ c~ -., ca y <br /> ~ ~, <br />- ca -r, ~ <br />~ ~ _ ~ ~ cc~ <br />4, ~~. <br />~ ~~ c-~ ~ <br />~*~ <br />~ x n~r <br />n cz~ <br />c.~ Z <br />~ <br />fV (~ ~' ~ "" <br />r <br />N ~ <br />r ~ ~ <br />~~ <br />~"'~ + Q cn ~ ~ ~ ~ <br /> <br />cn <br />..~ ~ ~, m <br />~ <br /> ~ ~ ~ z <br />r <br /> 0 <br />WHEN RECORDED MAIL TO: <br />Five Points bank <br />North Branch <br />2015 North Broadwell <br />Grand Island, NE fj$$Q~ __ - ___ ___ _ FOR RECORDER'S USE ONLY <br />FIVE P41NTS BANK ~ ~~~__...._. ~ 5b <br />~~ <br />D~~D OF TRUST <br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 540,000.00. <br />THIS DEED OF TRUST is dated June 10, 2009, among J & B RENTALS, L.L.C.; A NEBRASKA LIMITED <br />LIABILITY COMPANY ("Trustor"-; Five Paints Bank, whose address is North Branch, 2015 North Broadwell, <br />Grand Island, NE 6$803 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and FIVE <br />POINTS BANK, whose address is 2015 N BROADWELL AVE, GRAND ISLAND, NE 68803 (referred to below <br />as "Trustee"). <br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of <br />Lander 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 appurtenances; all water, water <br />rights and ditch rights (including stock in utilities with ditch ar irrigation rightsl; and all other rights, royalties, and profits relating to the real <br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in HALL <br />County, State of Nebraska: <br />THE NORTHERLY ONE-HALF (N1/2) OF LOT FOUR (4), BLOCK ONE HUNDRED TWENTY-FIVE (125) IN <br />UNION PACIFIC RAILWAY COMPANY'S SECOND ADDITION TO THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA <br />The Real Property or its address is cammanly known as 223 W 8TH ST, GRAND ISLAND, NE 68801-4360. <br />CROSS-COLLATERALIZATION. 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 any one or more of them, as well as all claims by Lender against Borrower and Trustor <br />or any one 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 />FUTURE ADVANCES. In addition to the Nate, 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 540,000.00. <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 />THIS bl"Ep OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AN^ 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 />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: la) this Deed of Trust is executed at Borrower's request and <br />not at the request of Lender; 1b1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the <br />