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<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights,
<br />all water and riparian rights, wells, ditches and water stock, crops, timber, all diversion
<br />payments or third party payments made to crop producers and all existing and future
<br />improvements, structures, fixtures, and replacements that may now, or at any time in the
<br />future, be part of the real estate described (all referred to as Property). This Security
<br />Instrument will remain in effect until the Secured Debts and all underlying agreements have
<br />been terminated in writing by Lender.
<br />2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
<br />Instrument at any one time and from time to time will not exceed 580,000.00. Any limitation
<br />of amount does not include interest and other fees and charges validly made pursuant to this
<br />Security Instrument. Also, this limitation does not apply to advances made under the terms of
<br />this Security Instrument to protect Lender's security and to perform any of the covenants
<br />contained in this Security Instrument.
<br />3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will
<br />secure each of the following:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings,
<br />modifications and replacements. A promissory note or other agreement, No. 100896910,
<br />dated November 30, 2011, from Grantor to Lender, with a loan amount of S 1,440,000.00
<br />and maturing on February 1, 2027.
<br />B. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of
<br />this Security Instrument.
<br />4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when
<br />due and in accordance with the terms of the Secured Debts and this Security Instrument.
<br />5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the
<br />estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and
<br />sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the
<br />Property is unencumbered, except for encumbrances of record.
<br />6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
<br />agreement or other lien document that created a prior security interest or encumbrance on the
<br />Property, Grantor agrees:
<br />A. To make all payments when due and to perform or comply with all covenants.
<br />B. To promptly deliver to Lender any notices that Grantor receives from the holder.
<br />C. Not to allow any modification or extension of, nor to request any future advances under
<br />any note or agreement secured by the lien document without Lender's prior written consent.
<br />7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances,
<br />lease payments, ground rents, utilities, and other charges relating to the Property when due.
<br />Lender may require Grantor to provide to Lender copies of all notices that such amounts are due
<br />and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against
<br />any claims that would impair the lien of this Security Instrument, Grantor agrees to assign to
<br />Lender, as requested by Lender, any rights, claims or defenses Grantor may have against
<br />parties who supply labor or materials to maintain or improve the Property.
<br />8, DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of
<br />the Secured Debt to be immediately due and payable upon the creation of, or contract for the
<br />creation of, any lien, encumbrance, transfer or sale of all or any part of the Property. This right
<br />is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
<br />9. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender the following warranties
<br />and representations which will continue as long as this Security Instrument is in effect:
<br />A. Power. Grantor is duly organized, and validly existing and in good standing in all
<br />jurisdictions in which Grantor operates. Grantor has the power and authority to enter into
<br />this transaction and to carry on Grantor's business or activity as it is now being conducted
<br />and, as applicable, is qualified to do so in each jurisdiction in which Grantor operates.
<br />B. Authority. The execution, delivery and performance of this Security Instrument and the
<br />obligation evidenced by this Security Instrument are within Grantor's powers, have been
<br />duly authorized, have received all necessary governmental approval, will not violate any
<br />provision of law, or order of court or governmental agency, and will not violate any
<br />agreement to which Grantor is a party or to which Grantor is or any of Grantor's property is
<br />subject.
<br />C. Name and Place of Business. Other than previously disclosed in writing to Lender,
<br />Grantor has not changed Grantor's name or principal place of business within the last 7 0
<br />years and has not used any other trade or fictitious name. Without Lender's prior written
<br />YOGI MOTEL, INC.
<br />Nebraska Deed Of Trust
<br />NE/4XTMADDEN00000000000824063712911N Wolters Kluwer Financial Services �1996, 2011 Bankers Page 2
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