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<br />WHEN RECORDED MAIL TO: ,7
<br />Five Points Bank ~'G' ,e~'j r~X /aid
<br />South Branch
<br />3111 W. Stolley Pk. Rd.
<br />Grand Island NE 68801 GP~G ~ FOR RECORDER'S USE ONLY
<br />FrvE Po-nrrs BanrK
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5275,000.00.
<br />THIS DEfD OF TRUST is dated December 22, 2009, among CLJAM, LLC; A NEBRASKA LIMITED LIABILITY
<br />COMPANY ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd., Grand
<br />Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points
<br />Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "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 ar
<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, (the Real Property") located In HALL
<br />County, State of Nebraska:
<br />LOT FIVE (51 ~ LAKE FRONT TRACT 5A, IN BRACH"S SECOND ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA, AND
<br />The Real Property or its address is commonly known as 2014 BARBARA AVE, GRAND ISLAND, NE 68$03.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Dead of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Trustor nr 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 mare 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 Nnte, 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 5275,000AO.
<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 IAj PAYMENT OF THE INDEBTEDNESS AND IBl PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST 15 GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this Peed of Trust is executed at Borrower's request and
<br />oat at the request of Lender; Ib1 Trustor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the
<br />Property; Icl the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; Id) Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and lel
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