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(the "Borrower "), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter from time to time apply to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary to provide financial accommodations to Borrower: ❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether such debt, liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or un iquidated, or joint, several or joint and several), ❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of Borrower to Beneficiary evidenced by or arising out of the following: and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of even date herewith. Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comply with every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obligations under the Note or the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the "Obligations "). NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in the County of Hall , State of Nebraska: Lot Four (4), Block Ninety -Nine (99), Railroad Addition to the City of Grand Island, Hall County, Nebraska SUBJECT TO: easements and restrictions of record, and: together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter located thereon, (ii) all equipment, machinery and fixtures (including, without limitation, a# lighting, heating, ventilating, cooling, air conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building improvement or improvement now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (iv) all leasehold estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property. " TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: 1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property (subject to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Property is free from any prior lien or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust Property as may be required by Beneficiarv. Tnicrnr v m m N C� y' __4 O -t1 D Z _ > B z rn N _ M cn d m 'i� 0 0 c W O o -n O 'rl o. o O y "� M O s M D Cn O c-n SO M Cn O� 6� °° 200004351 0 r Deed of Trust, Security Agreement N""°os BANxs and Fixture Financing Statement NXINE® (Nebraska) This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust") is made 05/18/2000 by and between LAND 4 SALE LLC d (the "Trustor ") a(n) Limited Liability Company Norwest Bank Nebraska; National Association (the "Trustee "), a national banking association, and Norwest Bank Nebraska, National Association (the "Beneficiary "), a national banking association. WITNESSETH: IF THIS BOX IS CHECKED ❑ THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW. WHEREAS, 5l Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of One Hundred Fifty -Reyen ThnuGand Five Hundrpd And 0/100 Dollars ($ 17 7 S 00_n0 ), dated 0 S/ i R/ 2 n n n , payable to the order of Beneficiary and having a maturity of 6 S / l R/ 2 0 0 S together with interest thereon, late charges, prepayment penalties, any future advances, and all extensions, modifications, substitutions and renewals thereof (hereinafter the "Note"). (the "Borrower "), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter from time to time apply to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary to provide financial accommodations to Borrower: ❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether such debt, liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or un iquidated, or joint, several or joint and several), ❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of Borrower to Beneficiary evidenced by or arising out of the following: and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of even date herewith. Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comply with every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obligations under the Note or the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the "Obligations "). NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in the County of Hall , State of Nebraska: Lot Four (4), Block Ninety -Nine (99), Railroad Addition to the City of Grand Island, Hall County, Nebraska SUBJECT TO: easements and restrictions of record, and: together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter located thereon, (ii) all equipment, machinery and fixtures (including, without limitation, a# lighting, heating, ventilating, cooling, air conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building improvement or improvement now or hereafter located thereon, (iii) all easements and rights of way appurtenant thereto, (iv) all leasehold estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property. " TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: 1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property (subject to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Property is free from any prior lien or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust Property as may be required by Beneficiarv. Tnicrnr