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�� �� .— N_ 0 ..�� �� � W � � ..� .�� a �� -. .�� � � � �! 1°�'1 � f+7 H � S n � � � � � � pw � 6iD � � � f � �� ^ � _ � r � V 1 � � �,. . r-*� � — v o � � � � � m � � � m � � o (`'� � o � �� � � cl' � � � �� o -� �m z m —f � fl O 'T1 � Z = rn � m r � r r� � � m � �. � � u R � �� ,;� � Return To: Nebraska Economic Development Corp., 1610 South 70� Street, Suite 201, Lincoln, NE 68506 DEED OF TRUST (Participation) THIS DEED OF TRUST, made this 20�' day of September, 2011, by and between J.C.D.H., Inc., a Nebraska Corporation hereinafter referred to as "Trustor" whose business address is 118 South IngalLs, Grand Island, NE 68803 GREGG J. STRATMAN, attorney, hereinafter referred to as "Trustee," whose address is 10675 Bedford Avenue, Suite 100, Omaha, NE 68134 and Nebraska Economic Development Corporation, hereinafter referred to as "Beneficiary," who maintains an office and place of business at 1610 South 70�' Street, Suite 201, Lincoln, NE 68506, in participation with the Small Business Administration, an Agency of the United States. WITNESSETH, that for and in consideration of $1.00 and other good and valuable consideration, receipt of which is hereby acknowledged, the Trustor does hereby bargain, sell, grant, assign, and convey unto the Trustee, his successors and assigns IN TRUST, WITH POWER OF SALE, all of the following described property situated and being in the County of Hall, State of Nebraska. Lot One (1) Ashton Place Second in the City of Grand Island, Hall County, Nebraska. Together with and including all buildings, all fixtures, including but not limited to all plumbing, heating, lighting, ventilating, refrigerating, incinerating, air conditioning apparatus, and elevators (the Trustor hereby declaring that it is intended that the items herein enumerated shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, and the rents, issues, and profits, all water, water rights, ditch and ditch rights of the above described property. To have and to hold the same unto the Trustee, and the successors in interest of the Trustee, forever, in 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 of: $612,000.00 signed by Joyce E. Cantrell, President and Deborah S. Halm, Secretary, of J.C.D.H., Inc., a Nebraska Corporation. 1. This conveyance is made upon and subject to the further trust that the said Trustor shall remain in quiet and peaceable possession of the above granted and described premises and talce the profits thereof to his own use until the default be made in any payment of an installment due on said note or in the performance of any of the covenants or conditions contained therein or in this Deed of Trust; and, also to secure the reimbursement of the Beneficiary or any other holder of said note, the Trustee or any substitute trustee of any and all costs and expenses incurred, including reasonable attomey's fees on account of any litigation which may arise with respect to this Trust or with respect to the indebtedness evidenced by said note, the protection and maintenance of the property hereinabove described or in obtaining possession of said property after any sale which may be made as hereinafter provided. 2. Upon the full payment of the indebtedness evidenced by said note and the interest thereon, the payment of all other sums herein provided for, the repayment of all monies advanced or expended pursuant to said note or this instrument, and upon the payment of all other proper costs, charges, commissions, and expenses, the above-described properiy shall be released and reconveyed to and at the cost of the Trustor. 3. Upon default in any of the covenants or conditions of this instrument or of the note or loan agreement secured hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security for the indebtedness secured, either personally or by attorney or agent without brining property or any part thereof, and do any acts which Beneficiary deems proper to protect the security hereof, and either with or without taking possession of said property, collect and receive the rents, royalties, issues, and profits thereof, including rents accrued and unpaid, and apply the same, less costs of operarion and collection, upon the indebtedness secured by this Deed of Trust, said rents, royalties, issues, and profits being hereby assigned to the Beneficiary as further security for the payment of such indebtedness. Exercise of rights under this paragraph shall not cure or waive any �� a' V 0 �.. � G � F--+ w �, ►� / 4.doc