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201QO5oss
<br />2. This Deed of Trust is made and delivered by Trustor, as security for that certain
<br />Unconditional Guarantee executed by Trustor of even date herewith, in favor of Beneficiary in
<br />order to secure the repayment of the principal sum and all interest due, or to become due, under
<br />the terms of the obligation evidenced by the Promissory Nate in the original principal amount of
<br />Six Hundred Thirty-Five Thousand and No/100 Dollars ($635,OOOAO) executed by E&E
<br />Investments and Associates, LLC, a Nebraska limited liability company, and J & T Tires and
<br />Associates, LLC, a Nebraska limited liability company, and payable to the order of Beneficiary,
<br />of even date herewith, including any and all modifications, extensions, and renewals thereof, and
<br />any and all future advances thereunder, with interest thereon, and, further, secures the
<br />performance of all covenants and agreements of Trustor set forth in this Deed of Trust, the
<br />aforementioned Promissory Note, any other promissory note(s) with the Beneficiary, and any and
<br />all guarantees of Trustor with Beneficiary, including the reimbursement by Trustor to Beneficiary
<br />of any cast or expense upon default, including but not limited to title abstracting expenses, title
<br />insurance premium(s), Trustee's fees, publication costs, reasonable attorney fees as allowed by
<br />law, late charges, interest, and filing fees which may be incurred by Beneficiary in the event of
<br />any such default.
<br />3. Trustor agrees, jointly and severally:
<br />(a) To pay, when due and before delinquent, all real estate taxes, special assessments
<br />and all other charges against the Premises for the year 2010 and all subsequent
<br />years, and, upon written demand by Beneficiary, to pay to Beneficiary such
<br />amounts as may be sufficient to enable Beneficiary to pay such real estate taxes,
<br />special assessments, or other charges as they become due.
<br />(b) To keep the Premises hereunder insured against damage by fire, lightning,
<br />explosion, wind storm, hail, hazards included within the term "extended
<br />coverage", and such other hazards as Beneficiary may require, with loss payable
<br />to Beneficiary and Trustor, as their interests may appear, with the specific
<br />provision that any act or neglect of the Trustor shall not invalidate the interest of
<br />Beneficiary. Trustor shall provide to Beneficiary a Certificate(s) of Insurance
<br />evidencing this fact each time a premium is paid and shall notify Beneficiary thirty
<br />(30) days prior to any cancellation or material modification of the insurance
<br />policy(s). If required, Trustor shall obtain Federal flood insurance, or other
<br />appropriate special hazard insurance, in amounts equal to the lesser ofthe insurable
<br />value of the Premises for the maximum limit of coverage available.
<br />(c) Trustor shall keep the Premises in good condition and repair, including the roof,
<br />air conditioning, heating system, and walls; and Trustor shall promptly repair or
<br />replace any improvements which may be damaged or destroyed; Trustor shall not
<br />commit or permit any waste or deterioration of the Premises; Trustor shall not
<br />remove, demolish or substantially alter any of the improvements on or from the
<br />Premises without the prior consent of Beneficiary; Trustor shall not commit, suffer
<br />or permit any act to be done in or upon the Premises in violation of any law,
<br />DEED OF TRUST
<br />7: \TJC\ 13111 \223 \NE-DOT.2. wpd
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