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<br /> WHEN RECORDED MAIL TO:
<br /> Five Points Bank 1~04507
<br /> Downtown 7
<br /> 518 N Eddy
<br /> Grand Island, NE g 910 D-1 FOR REC RDER'S USE ONLY
<br /> FivE r0toINTs SANK
<br /> DEED OF TRUST
<br /> THIS DEED OF TRUST is dated August 11, 2009, among WESTSIDE BOWLING LANES, INC.; A NEBRASKA
<br /> CORPORATION ("Trustor"); l=ive Points Bank, whose address is Downtown, 518 N Eddy , Grand Island, NE
<br /> 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and (referred to below as
<br /> "Trustee").
<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 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 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 matters, (thee "Real Property") located in HALL
<br /> County, State of Nebraska:
<br /> LOT ONE (1), COMMONWEALTH BUSINESS PARK SUBDIVISION, AN ADDITION TO THE CITY OF GRAND
<br /> ISLAND, HALL COUNTY, NEBRASKA, SUBJECT TO EASEMENTS, RESTRICTIONS, RIGHTS OF WAY AND
<br /> AGREEMENTS OF RECORD AND SUBJECT TO ZONING LAWS.
<br /> The Real Property or its address is commonly known as 112 KAUFMAN AVE, GRAND ISLAND, NE
<br /> 68803-4912.
<br /> CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br /> thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them,
<br /> whether now existing or hereafter arising, whether related or unrelated to the purpose of the Nate, whether voluntary or otherwise,
<br /> whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor
<br /> may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
<br /> recovery upon such amounts may be or hereafter may became barred by any statute of limitations, and whether the obligation to repay
<br /> such amounts may be or hereafter may become otherwise unenforceable.
<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 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 /> PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall 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 /> 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 /> 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.
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