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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />South Branch
<br />37 71 W. Stolley Pk. Rd.
<br />Grand Island NE 68$p1 FOR RECORDER'S USE ONLY
<br />FIVE PAINTS By41VK ;~.
<br />~~
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $50,000.00.
<br />THIS DEED OF TRUST is dated January 25, 2010, among JBH ENTERPRISES, LLC; A NEBRASKA LIMITED
<br />LIABILITY COMPANY ("Trustor"1; Five Points Bank, whose address is South Branch, 3111 W. Stolley Pk. Rd.,
<br />Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Five
<br />Points Bank, whose address is P.O Box 1507, Grand Island, NE 68802-1507 (referred to below as "Trustee"1.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit pf
<br />Lender as Beneficiary, all of Trustpr's right, title, and interest in and tp the following described real property, together with all existing or
<br />subsequently erected pr 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 rightsl; and all other ri hts, royalties, and profits relatin@Q tp the real
<br />property, including without limitation all minerals, pil, gas, geothermal and similar matters, (tie "Real Property") IOCateq in HALL
<br />County, State of Nebraska:
<br />TFjE WESTERLY SEVENTEEN 1171 FEET OF LOT SEVEN (7) AND ALL LOT SIX (61, BLOCK SEVEN (7-,
<br />CHARLES WASMER'S ADDITION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as 1622 W DIVISION ST, GRAND ISLAND, NE 68801.
<br />CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />thereon, of either Truster 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 new 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 ptherwise, 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 ADVAI1jCES. In addition to the Note, this Dead 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 limitatipn, this Deed pf 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 550,000.00.
<br />Trustor presently assigns to Lender (else known as Beneficiary in this Deed of Trust) all of 7rustor's right, title, and interest in and tp all
<br />present and future leases of the Property and all Renta frpm the Property. In addition, Trustor grants tp 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, 15 GIVEN TO SECURE (A) PAYMENT OF TWE INDEBTEDNESS AND 1$1 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 WARRANTIE5. Trustor warrants that: la- this Deed of Trust is executed at Borrower's request and
<br />opt at the request of Lender; Ib- Trustor has the full ppwer, right, and authority to enter into this Deed pf Trust and to hypothecate the
<br />Property; (c) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or ether instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (d) Trustor has
<br />established adequate means of obtaining from Borrower on a cpntinuing basis information about Borrower's financial condition; and le)
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