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DEED OF TRUST <br />A. This Deed of Trust is made by and among: <br />1. 1803, LLC, a Nebraska limited liability company, located at 17750 Burt Street, Omaha, Nebraska <br />68118 ( "Borrower "); <br />2. Ally Bank (Ally Capital in Hawaii, Mississippi, Montana and New Jersey), located at 6985 Union Park <br />Center, Suite 435, Midvale, Salt Lake County, Utah 84047 ( "Bank "); and <br />3. OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, located at 400 Second Avenue <br />South, Minneapolis, Minnesota 55401 ( "Trustee "). <br />B. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, <br />Borrower grants, conveys, bargains, sells, and warrants to Trustee, WITH POWER OF SALE <br />1. All of Borrower's fee simple right, title, and interest in the property described in attached Exhibit A, <br />including, without limitation, any and all appurtenances thereto, and any and all buildings, structures, <br />fixtures, and improvements thereon, whether now or later existing (collectively "Property"); <br />2. Any and all existing and future leases, subleases, and other agreements affecting the use, enjoyment, or <br />occupancy of the Property, including all extensions, renewals, and/or replacements thereof (collectively <br />"Leases "); <br />3. All rents, revenues, profits, and other benefits arising under Leases or relating to the Leases and/or <br />Property ( "Rents "); <br />4. All of Borrower's rights under or relating to the Leases, including, without limitation, the rights to: <br />a. Claim, receive, collect, and pay all Rents payable or receivable under the Leases; <br />b. Apply such Rents to Borrower's Obligations. <br />5. Proceeds of the foregoing. <br />C. This Deed of Trust secures payment and performance of any and all present and future debts, advances, <br />obligations, and duties that Borrower owes to Bank however arising under, and/or relating to, any and all <br />loan and fmancing accommodations extended by Bank to Borrower, and includes future advances made by <br />Beneficiary to protect the security of this Deed of Trust, including, but not limited to, advances to pay real <br />property taxes, special assessments, prior liens, hazard insurance premiums and costs of repair, maintenance <br />and improvements (collectively, the "Obligations "). <br />1. The Obligations include, without limitation, the real estate loan in the amount of $2,400,000.00 plus <br />interest and all of Bank's costs and expenses incurred in connection with this loan (collectively "Loan") <br />evidenced by the Commercial Real Estate Loan and Security Agreement and Promissory Note, dated <br />September 30, 2016 ( "Loan Agreement "), hereby incorporated by reference into this Deed of Trust. <br />2. The Loan bears interest in accordance with the Loan Agreement and is due and payable in 119 monthly <br />installments beginning November 1, 2016. <br />3. An additional full and final payment of the Loan is due and payable on October 1, 2026. <br />CHI 67430504v4 <br />2 <br />201606625 <br />