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201605326
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Last modified
7/3/2017 5:40:45 PM
Creation date
8/17/2016 4:06:28 PM
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DEEDS
Inst Number
201605326
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FNBO/Twenty Fourth & Hamilton <br />Deed of Trust <br />DOCS/1660316.5 <br />DEED OF TRUST, CONSTRUCTION SECURITY AGREEMENT, <br />ASSIGNMENT OF LEASES AND RENTS, AND FIXTURE FILING <br />Space above for Recorder's Use/' . <br />THIS INSTRUMENT PREPARED BY: Anthony D. Todero, Baird Holm LLP, 1700 Farnam <br />Street, Suite 1500, Omaha, NE 68102 <br />RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Lisa Wicht, First National <br />Bank of Omaha, 810 Allen Drive, PO Box 5168, Grand Island, NE 68802 <br />THIS IS A CONSTRUCTION SECURITY AGREEMENT THAT SECURES AN OBLIGATION <br />WHICH TRUSTOR INCURRED FOR THE PURPOSE OF MAKING IMPROVEMENTS ON THE <br />LAND DESCRIBED HEREIN. <br />This DEED OF TRUST, CONSTRUCTION SECURITY AGREEMENT, ASSIGNMENT OF <br />LEASES AND RENTS AND FIXTURE FILING (this "Deed of Trust "), is made as of August 17, <br />2016, by ZITSKI, LLC, a Nebraska limited liability company ( "Trustor "), to FIRST NATIONAL <br />BANK OF OMAHA ( "Trustee "), for the benefit of FIRST NATIONAL BANK OF OMAHA <br />( "Beneficiary "). <br />Beneficiary has agreed to make a loan in the original principal sum of $3,200,000 to <br />Trustor under the terms and conditions of the Credit Agreement by and between Trustor and <br />Beneficiary dated as of the date of this Deed of Trust (as amended, restated, or otherwise <br />modified from time to time, the "Credit Agreement "). Capitalized terms used in this Deed of <br />Trust without definition have the meanings given them in the Credit Agreement. <br />To secure payment and performance of the Secured Obligations (defined below), <br />Trustor hereby irrevocably and unconditionally grants, conveys, transfers, and assigns to <br />Trustee, IN TRUST WITH POWER OF SALE and right of entry and possession, for the benefit <br />of Beneficiary, all of Trustor's estate, right, title and interest now owned or hereafter acquired in <br />and to the following property (such property, or any interest in all or any part of it, together with <br />the Personalty (defined below) is collectively, the "Property "): <br />(a) The real property located in HALL COUNTY, NEBRASKA, as described <br />in Exhibit A attached hereto (the "Land "); <br />0 <br />
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