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NEBRASKA DEED OF TRUST, SECURITY AGREEMENT
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)
<br />This Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under
<br />Uniform Commercial Code) (the "Deed of Trust ") is made and entered into by Simmons Property, LLC (the
<br />"Trustor ", whether one or more) in favor of U.S. Bank National Association, having a mailing address at 400 City
<br />Center, Oshkosh, WI 54901 (the "Trustee "), for the benefit of U.S. Bank National Association (the "Beneficiary "),
<br />effective as of the date set forth below.
<br />ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY
<br />201405965
<br />1.1 Grant of Deed of Trust /Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in
<br />hand paid by Trustee to Trustor, and the financial accommodations from Beneficiary to Trustor as described below,
<br />Trustor has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto
<br />Trustee, its successors and assigns, IN TRUST, WITH POWER OF SALE, for the benefit of Beneficiary, the
<br />Mortgaged Property (defined below) to secure all of the Obligations (defined below). The parties further intend that
<br />the Deed of Trust shall operate as a security agreement with respect to those portions of the Mortgaged Property
<br />which are subject to Article 9 of the Uniform Commercial Code.
<br />1.2 "Mortgaged Property" means all of the following, whether now owned or existing or hereafter acquired by
<br />Trustor, wherever located: all the real property legally described in Exhibit A attached hereto (the "Land "),
<br />together with all buildings, structures, standing timber, timber to be cut, fixtures, furnishings, inventory, equipment,
<br />machinery, apparatus, appliances, and articles of personal property of every kind and nature whatsoever, (and all
<br />proceeds and products thereof) now or hereafter located on the Land, or any part thereof, used in connection with the
<br />Land and improvements; all materials, contracts, drawings and personal property relating to any construction on the
<br />Land; and all other improvements now or hereafter constructed, affixed or located thereon (the "Improvements ")
<br />(the Land and the Improvements collectively the "Premises "); TOGETHER with any and all easements, rights -of-
<br />way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or
<br />occupancy of the Premises, and all the rents, issues, profits or any proceeds therefrom and all security deposits and
<br />any guaranty of a tenant's obligations thereunder (collectively the "Rents "); all awards as a result of condemnation,
<br />eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises; and
<br />any and all rights of Trustor in any and all accounts, rights to payment, contract rights, chattel paper, documents,
<br />instruments, licenses, contracts, agreements and general intangibles relating to any of the Mortgaged Property,
<br />including, without limitation, income and profits derived from the sale of the Mortgaged Property or the operation of
<br />any business on the Premises or attributable to services that occur or are provided on the Premises or generated from
<br />the use and operation of the Mortgaged Property.
<br />1.3 "Obligations" means all loans by Beneficiary to Simmons Property, LLC (the "Borrower "), including those
<br />loans evidenced by a note or notes originally dated or amended or restated as of September 17, 2014, in the stated or
<br />amended principal amount(s) of $143,000.00, and any extensions, renewals, restatements and modifications thereof
<br />and all principal, interest, fees and expenses relating thereto, and if a revolving credit, such amounts as may be
<br />advanced, paid down and readvanced from time to time thereunder (the "Note "); and also means all Trustor's debts,
<br />liabilities, obligations, covenants, warranties, and duties to Beneficiary (plus its affiliates including any credit card
<br />debt, but specifically excluding any type of consumer credit), however arising and whether now or hereafter existing
<br />or incurred, whether liquidated or unliquidated, whether absolute or contingent, and regardless of whether such
<br />Obligations arise out of existing or future credit granted by Beneficiary to any Trustor, to any Trustor and others, to
<br />others guaranteed, endorsed or otherwise secured by any Trustor or to any debtor -in- possession /successor -in- interest
<br />of any Trustor, and principal, interest, fees, expenses and charges relating to any of the foregoing, including, without
<br />limitation, costs and expenses of collection and enforcement of the Deed of Trust, attorneys' fees of both inside and
<br />outside counsel and environmental assessment or remediation costs. The interest rate and maturity of such
<br />Obligations are as described in the documents creating the indebtedness secured hereby.
<br />THE DEED OF TRUST SECURES, WITHOUT LIMITATION, EXISTING DEBTS OR OBLIGATIONS
<br />CREATED SIMULTANEOUSLY WITH THE EXECUTION OF THE DEED OF TRUST AND ANY FUTURE
<br />ADVANCES TO BE MADE AT THE OPTION OF THE PARTIES. The total principal amount, exclusive of
<br />interest, of the Obligations, including any future debts, advances, liabilities or obligations, not including, however,
<br />any sums advanced for the protection of the Mortgaged Property or Trustor's interest therein, shall not exceed the
<br />sum of $143,000.00; PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL
<br />CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL OR FUTURE LOANS OR ADVANCES IN ANY
<br />AMOUNT.
<br />04 -004 ® us bancorp 2013 (rev. 1.1 - 05/2014) 219648, vers. 2
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