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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank ~ ~ . J/
<br />South Branch drr~~S a 7 "7 -7~~ ~~
<br />3111 W. Stolley Pk. Rd. ~ ~,~~ ~
<br />Grand Island, NE 6$801 FOR RECORDER'S USE ONLY
<br />FIVE POIIV`rS SANK
<br />CONSTRUCTION DEED OF TRUST
<br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LIEN. The lien of this Dead of Trust shall not exceed at any one time $4,000,000.00.
<br />THIS DEED OF TRUST is dated March 39, 2090, among HIGHWAY MOTELS OF NEBRASKA INC; A
<br />NEBRASKA CORPORATION ("Trustor"); Five Points Bank, whose address is South Branch, 3119 W. Stolley
<br />Pk. Rd., Grand Island, NE 68801 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"1:
<br />and Five Points Bank, whose address is P.O Bax 7507, Grand Island, NE 68802-9507 (referred to below as
<br />"Trustee"-.
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of ~
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stock in utilities with ditch ar irrigation rights); and all other rights, royalties, and profits relating$ to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") IOCatAtl in HALL
<br />County, State of Nebraska:
<br />LOT TWO (21, MEADOWLARK WEST FIFTH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA
<br />The Real Property or its address is commonly known as 739 ALLEN DRIVE, GRAND ISLAND, NE.
<br />CR05S-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 Note, whether voluntary or otherwise,
<br />whether due or not due, direct ar 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 become barred by any statute of limitations, and whether the obligation to repay
<br />such amounts may ba or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this peed of Trust secures all future advances made by Lender to Trustor whether or not the
<br />advances are made pursuant to a commitment. Specifically, without limitation, this Desd of Trust secures, in addition to the amounts
<br />specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no
<br />event shall such future advances (excluding interest) exceed in the aggregate 54,000,000.00.
<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 IA1 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 />
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