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_ M zn M CA ,4 y m n y (wi i• - rn ` � O -7 CZ O .r,. a O l - Co rl CD rQ z ACKNOWLEDGMENT OF DEED OF TRUST BORROWERS READ THIS BEFORE SIGNING: Borrowers (Trustors) understand that the document that the Borrowers are about to execute is a Deed of C_- Trust and not a mortgage and that the power of sale provided for in the Deed of Trust provides substantially different rights and obligations to the borrowers than a mortgage in the event of a default or breach of obligation under the Deed of Trust, including, but not limited to, the Lender's right to have the Real Property sold by the Trustee without any judicial proceeding or foreclosure. Borrowers represent and warrant that this acknowledgment by-ficm before the execution of the Deed of Trust. By- e Partner, Twin Valley Investments, Ltd., Trustor SECOND DEED OF TRUST WITH POWER OF SALE THIS DEED OF TRUST is made on this 31st day of January, 2005. The Trustor is Twin Valley Investments, Ltd., a Nebraska Limited Partnership. The Trustee is Gregory M. Neuhaus, Attorney at Law, PO Box 1685, Grand Island, NE 68802. The Beneficiary is Michael G. Pitcher and Richard E. Pitcher as tenants in common. The Beneficiary's address is 502 Claude Road, Grand Island, NE 68803. Trustor irrevocably conveys to Trustee, in Trust, with power of sale, the following: Lot 26, Westgate Subdivision to the City of Grand Island, Hall County, Nebraska and Lot 1, Westgate Yd Subdivision to the City of Grand Island, Hall County, Nebraska Together with all the rents and profits therefrom and subject to easements and restrictions of record, if any. Trustor owes Beneficiary Seven hundred fifty thousand Dollars ($750,000.00), evidenced by Trustor's note of even date, payable according to the terms thereof. This Security Instrument secures to Beneficiary the Debt evidenced by said note, the payment of all other sums, with interest, advanced under the provisions hereafter to protect the security and the performancy of Trustor's covenants and agreements. Trustor covenants that Trustor is lawfully seised by such real estate and has the legal power and lawful authority to convey the same and warrants and will defend title to the real estate against the lawful claims of all persons. Trustor has given Pitcher and Pitcher Properties a First Deed of Trust, which has priority over this Deed of Trust.