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<br />WHEN RECORDED MAIL TO:
<br />CORNERSTONE BANK
<br />Grand Island Main Facility
<br />840 North Diers Avenue
<br />Grend Island NE 68803 FOR RECORDER'S USE ONLY ��
<br />�
<br />DEED IOF TRUST
<br />THIS DEED OF TRUST is dated August 10, 2009
<br />Company aka Trafaigar Investment Company, L.L
<br />CORNERSTONE BANK, whose address is Grand Islar
<br />68803 (referred to below sometimes as "Lender" an�
<br />whose address is 529 LINCOLN AVENUE, YORK, NE
<br />CONVEYANCE AND GRANT. For valuable consideretion, Trustoi
<br />Lender as Beneflciary, all of Trustor's right, title, and interest in
<br />subsequently erected or affixed buildings, improvements and fixl
<br />rights and ditch rights (including stock in utilities with ditch or irri4
<br />property, including without limitation all minerals, oil, gas, geoth
<br />County, State of Nebraska:
<br />Lot Two (21, Block Two i2). Trafalgar Square
<br />among Trafalgar Investment, L.L.C., a Limited Liablity
<br />C.; A Nebraska Limited Liabilifiy Company ("Trustor");
<br />� Main Facility, 840 North Diers Avenue, Grand Island, NE
<br />sometimes as "Beneficiary"1; and CORNERSTONE BANK,
<br />68467 (referred to below as "Trustee").
<br />conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />nd to the following described real property, together with all existing or
<br />�res; all easements, rights of way, and appurtenances; all water, water
<br />ation rights); and all other rights, royalties, and profits relating to the real
<br />�rmal and similar matters, (the "Real PropePty loc�ted in Hall
<br />, Hall County, Nebraska
<br />The Real Properiy or its address is commonly knownlas 3008 W. Stolley Park Road, Grand Island, NE 68801.
<br />CROSS-COLLATERALIZATION. In eddition to the Note, this D
<br />thereon, of either Trustor or Borrower to Lender, or any one or m
<br />or any one or more of them, whether now existing or hereafter E
<br />voluntary or otherwise, whether due or not due, direct or indi
<br />unliquidated, whether Borrower or Trustor may be liable indiv
<br />accommodation party or otherwise, and whether recovery upon ;
<br />limitations, and whether the obligation to repay such amounts ma
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Tri
<br />whether or not the advances are made pursuant to a commitmer
<br />to the amounts specified in the Note, all future amounts Lender ii
<br />thereon.
<br />Trustor presentiy assigns to Lender (also known as Beneficiary i
<br />present and future leases of the Property and all Rents from th
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RE
<br />PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDI
<br />UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor w
<br />not at the raquest of Lender; (b) Trustor has the full power, rig
<br />Property; (c) the provisions of this Deed of Trust do not confl
<br />binding upon Trustar end do not rasult in a violation of any law
<br />established adequate means of obtaining from Borrower on e ci
<br />Lender has made no representation to Trustor ebout Borrower (irn
<br />TRUSTOR'S WAIVERS. Trustor waives all rights or defenses ar
<br />law which may prevent Lender from bringing any ection against
<br />entitled to a claim for deficiency, betore or after Lender's comn
<br />exercise of a power of sale.
<br />PAYMENT AND PERFORMANCE. Except as otherwise providi
<br />Indebtedness secured by this Deed of Trust as it becomes d
<br />obligations under the Note, this Deed of Trust, and the Related D
<br />POSSESSION AND MAINTENAIVCE OF THE PROPERTY. Borrow
<br />the Property shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of D�
<br />(2) use, operate or manage the Property; and (3) coilect th
<br />Duty to Maintain. Trustor shall maintain the Property in 1
<br />maintenance necassary to preserve its value.
<br />Compliance Wlth Environmental Laws. Trustor represents a
<br />of the Property, thera has been no use, generation, manuf
<br />Hazardous Substance by any person on, under, about or fr
<br />that there has been, except as previously disclosed to and
<br />Environmental Laws, (b) any use, generation, manufac
<br />Hazardous Substance on, under, about or from the Propert�
<br />threatened litigation or claims of any kind by any person r
<br />acknowledged by Lender in writing, (a) neither Trustor n
<br />shall use, generate, menufacture, store, treat. dispose of oi
<br />and (b) any such activity shall be conducted in compl
<br />ordinances, including without limitation all Environmental L�
<br />to make such inspections and tests, et Trustor's expense,
<br />sd of Trust secures all obligations, debts and liabilities, plus interest
<br />e of them, as well as all claims by Lender against Borrower and Trustor
<br />sing, whether related or unrelated to the purpose of the Note, whether
<br />ct, determined or undeterminad, absolute or contingent, liquidated or
<br />ually or jointly with others, whether obligated es guarentor, surety,
<br />ich amounts may be or hereafter may becoma berred by any statute of
<br />be or hereafter may become otherwise unenforceable.
<br />�t secures all future advances made by Lender to Borrower or Trustor
<br />Specifically, without Ilmitation, this Deed of Trust secures, in addition
<br />its discretion may loan to Borrower or Trustor, together with all interest
<br />this Deed of Trust) all of Trustor's right, title, and interest in and to all
<br />Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />�S AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />f EDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />rrants that: (a) this Deed of Trust is executed at Borrower's request and
<br />;, and authority to enter into this Deed of Trust and to hypothecate the
<br />t with, or result ln a default under any egreement or other instrument
<br />regulation, court decree or order applicable to Trustor; (d) Trustor hes
<br />itinuing basis information about Borrower's financial condition; and (e)
<br />uding without limitation the creditworthiness of Borrowerl.
<br />ing by reason of any "one action" or "anti-deficiency" law, or any other
<br />rustor, including e claim for deficiency to the extent Lender is otherwise
<br />ncement or completion of any foreclosure action, either judicially or by
<br />in this Deed of Trust, Borrower and Trustor shall pay to Lender all
<br />and Borrower and Trustor shall strictly perform all their respective
<br />and Trustor agree that Borrower's and Trustor's possession and use of
<br />�ult, Trustor may (7) remain in possession and control of the Property;
<br />Rents from the Property.
<br />ianiable condition and promptly perform all repairs, replecements, and
<br />id warrants to Lender that: (1) During the period of Trustor's ownership
<br />cture, storage, treatment, disposel, release or threatened release of any
<br />m the Property; (2) Trustor has no knowledge of, or reason to believe
<br />acknowledged by Lender in writing, (a) any breach or violation of any
<br />ire, storage, treatment, disposal, release or threatened ralease of any
<br />by any prior owners or occupants of the Property, or (c) any actual or
<br />lating to such matters; and (3) Except as previously disclosed to end
<br />r any tenant, contractor, agent or other authorized user of the Property
<br />release any Hazerdous Substance on, under, about or from the Property;
<br />ince with all applicable federal, state, and local lews, regulations and
<br />nrs. Trustor authorizes Lender and its agents to enter upon the Property
<br />s Lender may deem appropriete to determine compliance of the Property
<br />11�'�
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