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201211202
<br /> associated with said real property, whether decreed or undecreed, tributary or non-tributary,
<br /> surface or underground, appropriated or unappropriated, and all shares of stock in any water,
<br /> canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights
<br /> and o[her evidences of any such rights; and (h)all interest or estate which Trustor now has or
<br /> may hereafter acquire in said real property and all additions and accretions thereto, and aIl
<br /> awards or payments made for the taking of all or any portion of said real property by eminent
<br /> domain or any proceeding or purchase in lieu thereof, or any damage to any portion of said real
<br /> property(collectively, the "Subiect Provertv"). The listing of specific rights or property shall not
<br /> be interpreted as a limitation of general terms.
<br /> 1.2 Address. The address of the Subject Property (if known) is: 916 N. Shady Bend
<br /> Road, Grand Island, Nebraska 68801. Neither the failure to designate an address nor any
<br /> inaccuracy in the address designated shall affect the validiry or priority of the lien of this Deed of
<br /> Trust on the Subject Property as described on Exhibit A. In the event of any conflict between
<br /> the provisions of Exhibit A and said address, Exhibit A shall control.
<br /> ARTICLE Il. OBLIGATiONS SECURED
<br /> 2.1 Oblieations Secured. Trustor makes this grant and assignment for the purpose of
<br /> securing the following obligations (each, a "Secured Obli�ation" and collectively, the "Secured
<br /> Obligations"):
<br /> (a) payment to Beneficiary of all sums at any time owing by, and performance of all
<br /> other obligations of, Trustor arising under or in connection with that certain Amended and
<br /> Restated Loan Agreement dated as of October 25, 2012 ("Loan AgreemenY') in the aggregate
<br /> maximum principal amount of Four Million Eight Hundred Thirey-One Thousand Seven
<br /> Hundred Fifty and 00/100 Dollars ($4,831,750.00), however incurred and whether or not
<br /> evidenced by a promissory note or notes, including without limitation, the all such obligations
<br /> evidenced by promissory notes at any time and from time to time executed to evidence
<br /> borrowings under the above-described credit accommodation and payable to Beneficiary or its
<br /> order, whether previously executed or executed as of or subsequent m the date hereof, including
<br /> without limitation, (i) that certain promissory note dated as of December ]2, 2008, in the
<br /> maximum principal amount of One Million Three Hundred Thirty-Eight Thousand Seven
<br /> Hundred Fifty Dollars and No/100 Dollars ($1,338,750.00), with interest as provided therein,
<br /> esecuted 6y Trustor and payable to Beneficiary or its order, (ii) that certain promissory note
<br /> dated as of December 12, 2008, in the maximum principal amount of Four Hundred Ninety-
<br /> Three Thousand and No/100 Dollars ($493,000.00), with interest as provided therein, executed
<br /> by Trustor and payable to Beneficiary or its order, (iii) that certain Real Estate Note dated as of
<br /> October 25, 2012, in the maximum principal amount of Five Hundred Six Thousand Two
<br /> Hundred Fifty and No/100 Dollazs ($506,250.00), with interest as provided therein, executed by
<br /> Trustor and payable to Beneficiary or its order, and (iv) that certain Real Estate Note dated as of
<br /> even date herewith, in the maximum principal amount of One Million Two Hundred Ninety-
<br /> Three Thousand Seven Hundred Fifty and No/100 Dollars ($1,293,750.00), with interest as
<br /> provided therein, executed by Trustor and payable to Beneficiary or its order (collectively, the
<br /> "No[es"), together with the payment and performance of any other indebtedness or obligations
<br /> incurred in connection with the credit accommodation evidenced by the Notes or the Loan
<br /> Agreement, whether or not specifically referenced therein; and
<br /> (b) payment and performance of all obligations of Trustor under this Deed of Trust,
<br /> [ogether with all advances, payments or other expendi[ures made by Beneficiary or Tr�stee as or
<br /> for the payment or performance of any such obligations of Trustor; and
<br /> Deed of Trus[and Assignment of Ren[s nnd Leases Page 2
<br /> Deed of Trus[-Capital One,N.A._Lyne Realty,LP(Grand Island,NE)
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