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<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank �� ���
<br />Kearney
<br />1809 W 39th Street '�1 ��
<br />Kearnev NE 68845 �� __ FbR REC�RDER'S USE ONLY
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<br />CONSTRUCTIO�I DEED OF TRUST
<br />THIS D�ED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
<br />WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
<br />MAXIMUM LI�N. The lien of this Deed of Trust shall not exceed at any one time $400,000.00.
<br />THIS DEED OF TRUST is dated June 6, 2011, among AUTO ONE, INC.; A NEBRASKA CORPORATION
<br />(°Trustor"); 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"); and Five Points Bank, whose address is P.O
<br />Bax 1507, Grand Island, NE 68802-1507 (referrecE to below as "Trustee"?•
<br />CONVEYAWCE AND GRANT. For valuabie consideration, Trustor conveys to Trustee in trust. WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, al! of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently eracted or affixed buildings, improvemants and fixtures; all easements, rights of way, and appurCenances; 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 rael
<br />property, including wiihout limitation all minerals, oil, gas, geothermal and similar matters, (th@ ° Real Property") located in HALL
<br />County, State of Nebraska:
<br />See EXHIBIT A, which is attached to this Deed of Trust end made a part of this Deed of Trust as if ivlly set
<br />forth herein.
<br />The Real Property or its eddress is commoniy known as 1140 SOUTH LOCUST STREET, GRAND ISLAND, NE
<br />68801.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future edvances made by Lender to Borrower whether or not
<br />the advances are mada pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
<br />specified in ihe Nota, all future amounts Lendar in its discretion may loan to Borrower, together with all interest thereon; however, in no
<br />event shall such future edvances (excluding interest) exceed in the aggregate 5450,000.00.
<br />Trustor presently assigns to Lender (also known es Beneficiary in this Deed of Trustl all of Trustor's right, titls, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In eddition, 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 INTERES7 IN THE RE{VT'S AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE (!�,) PAYMENT OF THE INDEBTEDNESS AND {g) PERFORMANCE OF AWY AND ALL OBLIGATIONS
<br />UIdDER THE MOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS REED OF TRUST 1S GIVEN AND ACCEPTED OIN THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a1 Yhis 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 ta anter into this Deed of Trust and to hypothecate the
<br />Property; io) the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />binding upon Trustor and do not result in e viofation ofi any law, regulation, court decree or order appiicable to Trustor; (d) Trustor has
<br />estabilshed adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e)
<br />Lender has mada no representation to 7rustor about Borrower (including without limitation the creditworthiness of Borrower).
<br />TRUSTOR'S WAIVERS. Trustor waives al! rights or defenses arising by reason of any "one ection" or "anti-deficiertcy" law, or any other
<br />law which may prevent Lender from bringing eny action against Trustor, including a claim for deficiency to the extent Lender is otherwise
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