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<br /> <br /> <br /> r......rM..w." B M ed C> - i <br /> rlrrrrarwr~rr <br /> CA c ~ C-- <br /> In m <br /> -4 <br /> C [a, f. rTt Cam`` M <br /> N n Z R C7 <br /> cD i1 ° Cn -n,. z rcx Z <br /> OOC) 00 . : <br /> CT1 ~ Cn I--~ ~ r17 ~ <br /> 1> r1'11 <br /> Cil <br /> 0 <br /> ~~~i~~✓ /mar! " <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. <br />