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<br />DEED OF TRUST, SECURITY AGREEMENT
<br />AND ASSIGNMENT OF RENTS
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<br />THIS DEED OF TRUST, SECURITY AGREEMENT AND ASSIGNMENT OF RENTS is made as of the &,-4- day of
<br />March, 2001, between JANICE M. THAYER and ERNEST J. THAYER, wife and husband, whose address is c/o Riverside Lodge
<br />Retirement Community, 404 Woodland Drive, Grand Island, Nebraska 68801, as Trustor, FIRST NATIONAL BANK OF OMAHA,
<br />a national banking association, whose address is c/o Real Estate Division, 11404 West Dodge Road, Omaha, Nebraska 68102, as
<br />Trustee and Beneficiary:
<br />WITNESSETH:
<br />That Trustor irrevocably warrants, grants, bargains, sells, transfers, conveys and assigns to Trustee, in trust, with power of
<br />sale, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, all of the
<br />following- described estate, property and interest of Trustor now or hereafter acquired, together with all cash and non -cash
<br />proceeds, thereof, which may be referred to herein collectively as the "Real Property" described as follows:
<br />See Exhibit "A" attached.
<br />together with all interest which Trustor now has or may hereafter acquire in and to said property and in and to: (a) all easements
<br />and rights of way appurtenant thereto and all of the estate, right, title, interest, claim and demand whatsoever of Trustor in the Real
<br />Estate, either at law or in equity, now or hereafter acquired; (b) all buildings, structures, improvements, fixtures, equipment,
<br />furnishings and appurtenances now or hereafter placed thereon, it being intended and agreed that all classes of property attached
<br />or unattached, other than consumable goods, used or to be used in connection with said property, are conclusively deemed to be
<br />affixed to and to be part of the real property that is conveyed hereby, (c) all machinery, appliances, apparatus, equipment and
<br />fixtures now or hereafter located in, upon or under the Real Estate or the Improvements, or any part thereof, and used or usable in
<br />connection with any present or future operation thereof, and all additions thereto and replacements therefore; (d) all articles of
<br />personal property and any additions to, substitutions for, changes in or replacements of the whole or any part thereof, including,
<br />without limitation, all furniture and furnishings, now or at any time hereafter affixed to, attached to, placed upon or used in any
<br />way in connection with the use, enjoyment, occupancy or operation of the Real Estate or the improvements, or any portion thereof,
<br />and owned by the Trustor or in which Trustor now has or hereafter acquires an interest; (e) all of the rents, royalties, issues and
<br />profits of the Real Estate and the Improvements, or arising from the use or enjoyment of all or any portion thereof or from any lease,
<br />license, concession, occupancy agreement or other agreement pertaining thereto (the "Rents and Profits "), and all right, title and
<br />interest of Trustor in and to all leases, licenses and occupancy agreements of the Real Estate or of the Improvements now or
<br />hereafter entered into and all right, title and interest of Trustor thereunder, including without limitation, cash or securities
<br />deposited thereunder to secure performance by tenants, lessees or licensees, as applicable, of their obligations thereunder; (f) all
<br />building materials and supplies now or hereafter placed on the Real Estate or in the Improvements; (g) all proceeds of the
<br />conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims, including, without limitation, proceeds
<br />of insurance and condemnation awards, and (h) all other or greater rights and interests of every nature in the Real Estate and the
<br />Improvements and in the possession or use thereof and income therefrom, whether now owned or subsequently acquired by
<br />Trustor.
<br />Trustor agrees to execute and deliver, from time to time, such further instruments as may be requested by Beneficiary to
<br />confirm the lien of this Deed of Trust on any of the aforementioned property. The property so conveyed to Trustee hereunder is
<br />hereinafter referred to as "such property ".
<br />The Truster absolutely and irrevocably grants, transfers and assigns to Beneficiary the rents, income, issues and profits of
<br />all property covered by this Deed of Trust.
<br />FOR THE PURPOSE OF SECURING:
<br />Payment of the principal sum of $500,000.00 evidenced by that certain promissory note dated of even date herewith
<br />(hereinafter referred to as the "Promissory Note ") in the original principal amount of $500,000.00 issued by Trustor and
<br />payable to the order of the Beneficiary, together with interest thereon, late charges, and prepayment bonuses according to the
<br />terms of the Promissory Note and all renewals, extensions and modifications thereof.
<br />RETURN TO:
<br />FIRST NATIONAL BANK OF OMAHA
<br />Real Estate Division (Tracy)
<br />11404 West Dodge Road
<br />Omaha, NE 68154
<br />
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