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T• HS <br />(Ti— — M <br />cs <br />c0 <br />AFTER RECORDING RETURN TO: <br />Polsinelli <br />100 S. Fourth Street, Suite 200 <br />St. Louis, Missouri 63102 <br />Attention: Robert C. Graham III <br />51668048.5 <br />Space above this line for Recorder's Use <br />DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, <br />SECURITY AGREEMENT AND FIXTURE FILING <br />(With Future Advances and Future Obligations <br />Governed by Neb. Rev. Stat. § 76 -1002 (Reissue 2009) <br />THIS DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY <br />AGREEMENT AND FIXTURE FILING is made as of December 22, 2015, by KM GRAND <br />ISLAND JOINT VENTURE, LLC, a Missouri limited liability company, with an address at <br />2127 Innerbelt Business Center Drive, Suite 310, St. Louis, Missouri 63114 (the "Borrower ") <br />and OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY with an address at <br />400 Second Avenue South, Minneapolis, MN 55401 (the "Trustee ") and SIMMONS FIRST <br />NATIONAL BANK, a national banking association, its successors and assigns, with an address <br />at 8151 Clayton Road, St. Louis, Missouri 63117 (the "Lender "). <br />WITNESSETH: <br />Lender is making a loan to Borrower (the "Loan") in an amount not to exceed Six Million <br />Five Hundred Thousand and 00 /100 Dollars ($6,500,000.00) pursuant to that certain <br />Construction Loan Agreement of even date herewith by and between Borrower and Lender, the <br />provisions of which are incorporated herein by reference to the same extent as if fully set forth <br />herein (said Loan Agreement and any and all extensions and renewals thereof, amendments <br />thereto and substitutions or replacements therefor is referred to herein as the "Loan Agreement "; <br />any terms not defined herein shall have the meanings ascribed to such terms in the Loan <br />Agreement). The Loan is evidenced by a Promissory Note dated as of even date herewith by <br />Borrower payable to the order of Lender in the original principal amount of $6,500,000.00, as <br />1'0 <br />CD <br />cn <br />CD <br />CO <br />CT) <br />CT) <br />C4 <br />