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201307953
<br /> Property JD 847
<br /> Property Address 960 Allen Drive
<br /> Grand Island,NE 68803
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<br /> (d) All existing and future leases, subleases, subtenancies, licenses, occupancy
<br /> agreements and concessions relating to the use and enjoyment of all or any part of the Land or the
<br /> Improvements. including without limitation, all Licenses and Permits (as defined below) to the
<br /> extent such Licenses and Permits are assignable, and any and all guaranties and other agreements
<br /> relating to or made in connection with any of the foregoing;
<br /> (e) All proceeds, including all claims to and demands for them, of the voluntary
<br /> or involuntary conversion of any of the Land, Improvements, or the other property described
<br /> above into cash or liquidated claims, including proceeds of all present and future fire, hazard or
<br /> casualty insurance policies, whether or not such policies are required by Beneficiary, and all
<br /> condemnation awards or payments now or later to be made by any public body or decree by any
<br /> court of competent jurisdiction for any taking or in connection with any condemnation or eminent
<br /> domain proceeding, and all causes of action and their proceeds for any breach of warranty_
<br /> misrepresentation, damage or injury to, or defect in, the Land, Improvements, or the other
<br /> property described above or any part of them; and
<br /> (f) All proceeds of, additions and accretions to, substitutions and replacements
<br /> for, and changes in any of the property described above.
<br /> 1.2 Fixture Filing. This Deed of Trust constitutes a financing statement filed as a fixture
<br /> filing under the applicable Uniform Commercial Code, as amended or recodified from time to time,
<br /> covering any Property which now is or later may become a fixture attached to the Land or any building
<br /> located thereon.
<br /> 2. THE SECURED OBLIGATIONS.
<br /> 2.1 Purpose of Securing. Trustor makes the grant, conveyance, transfer and assignment
<br /> set forth in Section 1, makes the irrevocable and absolute assignment set forth in Section
<br /> 3,and grants the security interest set forth in Section 4, all for the purpose of securing the
<br /> following obligations (the "Secured Obligations") in any order of priority that
<br /> Beneficiary may choose:
<br /> (a) Payment of all joint and several obligations of(i) the Trustor, (ii) CFT New
<br /> Mexico Developments, LLC ("CFT New Mexico"), and/or (iii) W.G. Appleton
<br /> Developments, LLC ("Appleton" and jointly and severally with the Mortgagor and CFT
<br /> New Mexico, the "Obligors") to the Beneficiary (and/or Beneficiary's affiliates, as
<br /> applicable) arising under the following instrument(s) and/or agreement(s) (collectively,
<br /> the "Debt Instruments"):
<br /> (i) that certain promissory note, given by the Obligors to RBS Citizens,
<br /> N.A., dated as of September 30, 2013, in the original principal amount of Three
<br /> Hundred Forty Two Thousand Eight .Hundred Eight ($342,808.00) Dollars (the
<br /> "Note") in connection with the Credit Agreement (as defined below), and all
<br /> extensions, renewals, amendments, restatements and/or substitutions of the Note
<br /> and any and all increases in the Secured Obligations evidenced by the Note;
<br /> (ii) a certain Amended and Restated Credit Facility Agreement dated as of
<br /> June 27. 2013 between (a) the Obligors, and (b) the Beneficiary, as amended
<br /> Deed of Trust.CFT Developments.NE#847 Page 2
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