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201106770
<br />WHEN RECORDED MAIL TO:
<br />UMB BANK, N.A.
<br />1008 Oak Street
<br />KANSAS CITY, MO 64106
<br />FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time
<br />$31,000,000.00.
<br />THIS DEED OF TRUST is dated September-7, 2011, among Bosselman Travel Centers, Inc.,
<br />whose address is 3123 Stolley Park Road, Grand Island, NE 68802 ( "Trustor "); UMB BANK,
<br />n.a., whose address is COMMERCIAL LOAN DEPARTMENT, 1010 GRAND BOULEVARD,
<br />KANSAS CITY, MO 64106 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary "); and Josh Dickinson C/O UMB Bank, n.a. , whose address is P.O. Box 44188,
<br />Omaha, NE 68144 -0188 (referred to below as "Trustee ").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF
<br />SALE, for the benefit of Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real
<br />property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements,
<br />rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation
<br />rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas,
<br />geothermal and similar matters, (the "Real Property ") located in Hall County, State of Nebraska:
<br />Lot 1, Block 1, Bosselville Subdivision, a Subdivision in Hall County, Nebraska.
<br />The Real Property or its address is commonly known as 3335 W Wood River Road, Grand
<br />Island, NE.
<br />CROSS- COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus
<br />interest thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one
<br />or more of them, whether now existing or hereafter arising, whether voluntary or otherwise, whether due or not due, direct or
<br />indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Trustor may be liable
<br />individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise.
<br />REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving
<br />line of credit, which obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of
<br />the Note.
<br />Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in
<br />and to all present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a
<br />Uniform Commercial Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS
<br />AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
<br />PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED
<br />OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
<br />PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all
<br />amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's
<br />obligations under the Note, this Deed of Trust, and the Related Documents.
<br />POSSESSION AND MAINTENANCE OF THE PROPERTY. Trustor agrees that Trustor's possession and use of the Property
<br />shall be governed by the following provisions:
<br />Possession and Use. Until the occurrence of an Event of Default, Trustor may (1) remain in possession and control of
<br />the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property.
<br />Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs,
<br />replacements, and maintenance necessary to preserve its value.
<br />Compliance With Environmental Laws. Except as disclosed to and acknowledged by Lender, Trustor represents and
<br />warrants to Lender that: (1) During the period of Trustor's ownership of the Property, there has been no use, generation,
<br />manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on,
<br />under, about or from the Property; (2) Trustor has no knowledge of, or reason to believe that there has been, except as
<br />previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws,
<br />or (b) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) any use,
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