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<br />Recording Requested By,
<br />And After Recording, Return To:
<br />WELLS FARGO BANK,
<br />NATIONAL ASSOCIATION
<br />MAC C7300-033
<br />1740 Broadway
<br />Denver, CO 80274
<br />Attn: Loan Documentation
<br />DEED OF TRUST
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />(DONIPHAN)
<br />THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust") is executed as of June 29,
<br />2012, by NEBRASKA MACHINERY COMPANY, a Nebraska corporation ("Trustor"), to WELLS FARGO
<br />FINANCIAL NATIONAL BANK ('Trustee"), for the benefit of WELLS FARGO BANK, NATIONAL
<br />ASSOCIATION ("Beneficiary").
<br />ARTICLE I. GRANT INTRUST
<br />1.1 Grant. For the purposes and upon the terms and conditions in this Deed of Trust, Trustor
<br />irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of
<br />sale and right of entry and possession, Trustor's interest in: (a) all real property located in Hall County,
<br />Nebraska, and described on Exhibit A attached hereto; (b) all easements, rights-of-way and rights used in
<br />connection with or as a means of access to any portion of said real property; (c) all tenements,
<br />hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now
<br />owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or
<br />proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land
<br />adjacent to or used in connection with said real property; (e) all buildings, improvements and landscaping
<br />now or hereafter erected or located on said real property; (f) all development rights, governmental or
<br />quasi -governmental licenses, permits or approvals, zoning rights and other similar rights or interests
<br />which relate to the development, use or operation of, or that benefit or are appurtenant to, said real
<br />property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including without
<br />limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto, appurtenant to or
<br />associated with said real property, whether decreed or undecreed, tributary or non -tributary, surface or
<br />underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or
<br />reservoir company, and all well permits, water service contracts, drainage rights and other evidences of
<br />any such rights, and (h) all interest or estate which Trustor now has or may hereafter acquire in said real
<br />property and all additions and accretions thereto, and all awards or payments made for the taking of all or
<br />COMMNDDEED_NE.DOC (Rev. 02110) -1-
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<br />Recording Requested By,
<br />And After Recording, Return To:
<br />WELLS FARGO BANK,
<br />NATIONAL ASSOCIATION
<br />MAC C7300-033
<br />1740 Broadway
<br />Denver, CO 80274
<br />Attn: Loan Documentation
<br />DEED OF TRUST
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />(DONIPHAN)
<br />THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust") is executed as of June 29,
<br />2012, by NEBRASKA MACHINERY COMPANY, a Nebraska corporation ("Trustor"), to WELLS FARGO
<br />FINANCIAL NATIONAL BANK ('Trustee"), for the benefit of WELLS FARGO BANK, NATIONAL
<br />ASSOCIATION ("Beneficiary").
<br />ARTICLE I. GRANT INTRUST
<br />1.1 Grant. For the purposes and upon the terms and conditions in this Deed of Trust, Trustor
<br />irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of
<br />sale and right of entry and possession, Trustor's interest in: (a) all real property located in Hall County,
<br />Nebraska, and described on Exhibit A attached hereto; (b) all easements, rights-of-way and rights used in
<br />connection with or as a means of access to any portion of said real property; (c) all tenements,
<br />hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now
<br />owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or
<br />proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land
<br />adjacent to or used in connection with said real property; (e) all buildings, improvements and landscaping
<br />now or hereafter erected or located on said real property; (f) all development rights, governmental or
<br />quasi -governmental licenses, permits or approvals, zoning rights and other similar rights or interests
<br />which relate to the development, use or operation of, or that benefit or are appurtenant to, said real
<br />property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including without
<br />limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto, appurtenant to or
<br />associated with said real property, whether decreed or undecreed, tributary or non -tributary, surface or
<br />underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or
<br />reservoir company, and all well permits, water service contracts, drainage rights and other evidences of
<br />any such rights, and (h) all interest or estate which Trustor now has or may hereafter acquire in said real
<br />property and all additions and accretions thereto, and all awards or payments made for the taking of all or
<br />COMMNDDEED_NE.DOC (Rev. 02110) -1-
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