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<br />WHEN RECORDED MAIL TO:
<br />Kearney is Bank ~ ~,13C1L q~J~ ~~' ~v
<br />1809 W 39th Street R
<br />___ _ „'S ,USE, ONLY
<br />1S~~rnav, NE ~$9~46 L¢e,~`-I ~~ o9d 9 FOR RECO„ DER„
<br />FIVE F~OINTS ~K
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 5950,000.00.
<br />THIS DEED OF TRUST is da#ed May 21, 2010, among AUTO ONE, INC.; A NEBRASKA CORPORATION
<br />("Trustor"1; Five Points Bank, whose address is Kearney, 1809 W 39th Street, Kearney, NE 68845 (referred
<br />to below sometimes as "Lender" and sometimes as "Beneficiary"1; and Five Points Bank, whose address is P.O
<br />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 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 rightsl; 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 />See EXHIBIT A, which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set
<br />forth herein.
<br />The Real Property or its address is commonly known as 1112 S LOCUST STREET AND 1140 SOUTH LOCUST
<br />STREET, GRAND ISLAND, NE 68$01. The Real Property tax identification number is 400028964 AND
<br />400078225.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitaticn, a revaluing line of credit, which
<br />obligates Lender to make advances to Borrower so long as Borrower complies with all the terms of the Note.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Dead 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 ANp THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF THE INDEBTEDNESS ANp IB- PERFORMANCE OF ANY ANp ALL OBLIGATIONS
<br />UNDER THE NOTE, THE RELATEp DOCUMENTS, AND THIS DEED OF TRUST. THIS PEEP OF TRUST IS GIVEN ANp ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: lal this .Deed of Trust is executed at Borrower's request and
<br />not at the request of Lender; (b) 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 ether instrument
<br />binding upon Trustor and do not result in a violation of any law, regulation, court decree or order applicable to Trustor; (dl Trustor has
<br />established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and lel
<br />Lender has made no representation to Trustor about Borrower (including without limitation the creditworthiness of Borrowed.
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses arising by reason of any "one action" or "anti-deficiency" law, or any other
<br />law which may prevent Lender from bringing any action against Trustor, including a claim for deficiency to the extent Lender is otherwise
<br />entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by
<br />exercise of a power of sale.
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