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<br />(Participation)
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<br />THIS DEED OP TRUST, made this 29'� day of Novambcr, 2010, by and between
<br />Zitski, LLC, a Nebraska Limited [,iability Campany
<br />hereinafter refenred to as "Trustor" whose busineas address is
<br />�705 Gold Core Dr., Grand Island, NE 68803
<br />GTtEGG J. STRATMAN, attoney, hcrcinafter referred to as "Trustee," whose address is
<br />10675 Bedford Avenue, Suite 100, Omaha, N� 68134
<br />and Nebraska Ecanomic Development Corporation, hereinafter referred to as "Seneflciary," who maintains an affice and place af
<br />business at 161p South 70`" Street, Suite 201, Lincoln, NE 685Q6, in participation with the Small Business Adminisiration, aa Ageucy
<br />of the United Statss.
<br />WTTNESSETH, that for and in consideration of $1.00 and other good and valuable consideration, receipt of which is hereby
<br />aclaiowledged, the Trustor does hereby bargain, sell, grant, assign, and convey unto tlie Trustee, his successors and assigns IN
<br />TRUST, WITH I'OWER OF SALE, all of the following described property situated and being in the County of Hall, State of
<br />Nebraska.
<br />Lot 1, Platte Valley Industrial Park Sigth Subdivision, in the City of Grand Lsland, Iiall
<br />County, Nebra,aka
<br />Together with and including all buildings, all fixtures, including but not limited to all plumbiug, hcating, lighting, ventilating,
<br />refrigerating, incinerating, air conditioning apparatus, and elevators (the Trustor hereby declaring that it is intended that the ite�ns
<br />herein enumerated shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter
<br />existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or iun anywise appertaining, and the
<br />reversion and reversions, remainder and remainders, and the rents, issues, and profits, all water, water rights, ditch and ditch rights of
<br />the above described property. To have and to hold the same unto the Trustee, and the successors in interest of the Trustee, forever, in
<br />fee simple or such other estate, if any, as is stated herein trust, to secure a promissory note of the above date, in the principal sum af
<br />$3,�142,p00.00 signed by Gloria J. Thesanvitz, Member Manager, of Zitslci, LLC, a Nebraska Limited Liability Company.
<br />1. This conveyance is made upon and subject to the further trust that the said Trustar shali remain in quiet and
<br />peaceable possession of the above granted and described premises and take the profits thereof to his awn use until the default be made
<br />in any payment of an installment due on said note or in thc performance of any of the covenants or conditians contained therein vr in
<br />this Deed pf Trust; and, also to secure the reimbwsennent of the Bene�ciary or any other halder of said note, the Trustee or any
<br />substitute trustee of any and all costs and expenses incurred, including reasonable attorney's fees on accaunt of any litigation which
<br />may arise with respect to this Trust or with respsct to the indebtedness ovidcnced by said note, the protection and maintcnance of the
<br />property hereinabove described or in obtaining possession of said property after any sale which may be made as hereinafter provided.
<br />2. Upon the full payment of the indebtedness evidenced by said nqte and the interest thereon, the payment of all other
<br />surns herein provided for, the repayment af all monies advanced or expcnded ptursuant to said note or this instrument, and upan the
<br />payment of all other proper costs, charges, comumissians, and expenses, the above-described property shall be released and reconveyed
<br />to and at the cost of the Trustor.
<br />3. Upon default in any of the covcnants or conditions of this instrument or of the note or loan agreement secured
<br />hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of secwrity for th� indebtedness secwed,
<br />either persanally or by attorney or agent without brining property or any part thereof, and do any acts which Bene�ciary deems proper
<br />to pratect the security hereof, and either with or without taking possession of said properry, collect and receive thc rents, royalties,
<br />issues, and profits thereof, including rents accrued and unpaid, and apply the same, less costs of operativn and collection, upon the
<br />indebtedness secured by this Deed of Tivst, said rents, royalties, issues, and profits being hereby assigned to the Beneficiary as further
<br />security for the payment of such indebtedness. Fxercise of rights under this paragraph shall nat cure or waive any default or notice of
<br />default hereunder or invalidate any act dane pursuant ta such notice but shall be cumulative to any right and remedy to declare a
<br />default and cause notice of default to be recorded as hereinafter provided, and cumulative to any other right and/or rem�dy hereunder,
<br />or provided by law, and may be exercised concurrently or independently. �xpenses incurred by Beneficiary heceunder including
<br />rcasonable attarney's fees shall bc secured hereby.
<br />4. T'he Trustor covanants and agrees that if he shall fail to pay said indebtedness, or any part thereof, when due, or shall
<br />fail to perform any covenant or agreement of this instrurnent or of the promissory note secured hereby, tha entire indebtedness hereby
<br />secured shall immediately become due, payable, and collectible at the aption of the Bene�ciary or assigns, regardless of maturity, attd
<br />the Beneficiary or assigns may enter upon said property and collect the rents and profits thereof. Upon such defau(t in payment or
<br />performance, and before or after such entry, the Trustee, acting in thc execuHon af this Trust after the notice of default has been
<br />recorded, shall mail a copy of the default to each person who is a party to this instrument, at the address set out in this instrument, as
<br />well as to any person who has requested any noticc of default and notice sale by recording said request for notice with the register of
<br />deeds in the county in which this instrurnent is r�corded, and after the lapse of time which is required by law after mailing the notice,
<br />the Trustce shall have the pawer tn sell said pmperty, and it shall be the Trustee's duty to sell said property in case of any default of
<br />any purchaser, to resell at public auction, to the highest biddcr. Thc Trustce shall first give five weeks' notice of the time, terms, and
<br />placc nf such sale, by advertisement not less than once during each of said five weeks in a newspap�r publishcd or distributed in the
<br />country or political aubdivision in which said property is situated and written notice of sale shall be mailed to each person wha is a
<br />party to this instrument at the address set forth herein (and the Beneficiary or any porson on hehalf of thc Bencficiary may bid and
<br />purchase at such sale). Such sale will be held at a suitablo place to bc selected by the Seneficiary within said county or political
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