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<br />WHEN RECORDED MAIL TO:
<br />PINNACLE BANK
<br />AURORA MAIN OFFICE
<br />1234 L ST
<br />PO BOX 229
<br />AURORA, NE 68818 FOR RECORDER'S USE ONLY
<br />DEED OF TRUST
<br />THIS DEED OF TRUST is dated October 14, 2011, among JBK APARTMENTS LLC,
<br />i"Trustor"); PINNACLE BANK, whose address is AURORA MAIN OFFICE, 1234 L ST, PO BOX
<br />229, AURORA, NE 68818 (referred to below sometimes as "Lender" and sometimes as
<br />"Beneficiary"); and PINNACLE BANK, whose address is 1234 L. STREET, AURORA, NE 68818
<br />(referred to below as "Trustee").
<br />CONVEYANCE AND GRANT. For valuable considaration, Trustor conveys to Trustee in trust, WITH POWER OF SALE,
<br />for the benefit of Lender as Beneflciary, 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
<br />easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with
<br />ditch or irrigation rights); and all other rights, royalties, and profits releting to the real property, including without
<br />limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located In HALL
<br />County, State of Nebraska:
<br />PARCEL A: THE EAST THIRTY (30) FEET OF LOT FIVE (5), AND ALL OF LOTS SIX (6),
<br />SEVEN (7) AND EIGHT (8), BLOCK FOURTEEN (14), LAMBERT'S ADDITION TO THE CITY
<br />OF GRAND ISLAND, HALL COUNTY, NEBRASKA. PARCEL B: THE WEST THIRTY-SIX
<br />(36) FEET OF LOT FIVE (5), BLOCK FOURTEEN (14), LAMBERT'S ADDITION AND THE
<br />EASTERLY FORTY (40) FEET OF THE SOUTHERLY ONE HUNDRED THIRTY-TWO (132)
<br />FEET OF VACATED SUPERIOR STREET BETWEEN 5TH AND 6TH STREET TO THE CITY OF
<br />GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br />The Real Property or its address is commonly known as 1304 E 5TH STREET, GRAND
<br />ISLAND, NE 68801.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without iimitation, this Deed of Trust
<br />secures, in addition to the amounts specified in the Note, all future amounts Lender in its discretion may loan to
<br />Trustor,together with allinterest thereon.
<br />Trustor presently assigns to Lender (also known es Beneficiery in this Deed of Trust) all of Trustor's right, title, and
<br />interest in and to all present end future leases of the Property and ell Rents from the Property. In addition, Trustor
<br />grants to Lender a 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 AND
<br />PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF
<br />ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON
<br />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
<br />Trustor's 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
<br />Property 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
<br />control of 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 />Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so
<br />long as this Deed of Trust remains a lien on the Property, used for the generation, manufacture, storage,
<br />treatment, disposal, release or threatened release of any Hazardous Substance in violation of any Environmental
<br />Laws. Trustor authorizes Lender and its agents to enter upon the Properry to make such inspections and tests as
<br />Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust.
<br />Trustor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event
<br />Trustor becomes liable for cleanup or other costs under any such laws, and (2) agrees to indemnify, defend, and
<br />hold harmless Lender against eny and all claims and losses resulting from a breach of this paragraph of the Deed of
<br />Trust. This obligation to indemnify end defend shall survive the payment of the Indebtedness and the satisfaction
<br />of this Deed of Trust.
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