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201906785
<br />DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES
<br />AND RENTS, AND FINANCING STATEMENT
<br />This Deed of Trust, Security Agreement, Assignment of Leases and Rents and Financing
<br />Statement (this "Instrument") is made on the date stated below among the Grantor, Lender, and Trustee
<br />who are identified and whose addresses are stated below. By signing this Instrument, Grantor, for value
<br />received, agrees to the terms and conditions of this Instrument and makes the representations, warranties,
<br />and covenants stated in this Instrument.
<br />DATE:
<br />GRANTOR(S):
<br />GRANTORS' ADDRESS:
<br />LENDER:
<br />LENDER'S ADDRESS:
<br />TRUSTEE:
<br />TRUSTEE'S ADDRESS:
<br />LEGAL DESCRIPTION:
<br />Effective on October 23, 2019
<br />Lyne Realty, L.P., a Texas limited partnership
<br />2201 Scott Ave., Suite 100, Fort Worth, Texas 76103
<br />BOKF, N.A. d/b/a Bank of Texas, a national banking association
<br />777 Main Street, Suite 3500, Fort Worth, Texas 76102
<br />Old Republic National Title Insurance Comapny
<br />11960 Westline Industrial Drive, Suite 230, St. Louis, MO 63146
<br />The real property located in the County of Hall, State of Nebraska, as
<br />described in Exhibit A hereto.
<br />NOTE: That certain Promissory Note in the original principal amount of Two Million One Hundred
<br />Sixty -Seven Thousand Five Hundred and No/100 Dollars ($2,167,500.00), dated as of the date hereof,
<br />executed by Grantor and payable to Lender as stated therein, as may be modified, renewed, extended,
<br />amended, and restated from time.
<br />DEFINITIONS
<br />Capitalized terms used but not otherwise defined herein shall have the meanings ascribed to such
<br />terms in the Credit Agreement. The following terms shall have the defined meaning ascribed to such
<br />terms, as set forth below:
<br />1. "LENDER" shall mean BOKF, N.A. d/b/a Bank of Texas, a national banking
<br />association, as well as any subsequent holder or holders of the Note (as defined below).
<br />2. "CREDIT AGREEMENT" shall mean that certain Credit Agreement dated June 6, 2013
<br />by and between Grantor and Lender (as amended from time to time).
<br />3. "CODE" shall mean the Uniform Commercial Code for the State of Texas as amended
<br />from time to time.
<br />4. "DEED OF TRUST" shall mean the Deed of Trust, Security Agreement, Assignment of
<br />Leases and Rents and Financing Statement evidenced by this document.
<br />5. "EVENT OF DEFAULT" shall mean any occurrence described in Article VIII hereof.
<br />6. "FIXTURES" shall mean all materials, supplies, equipment, apparatus and other items
<br />now or hereafter attached to, installed in or used (temporarily or permanently) in connection with any of
<br />the Improvements (as defined below) or the Land (as defined below), and all renewals, replacements, and
<br />substitutions thereof and additions thereto, including but not limited to any and all partitions, ducts,
<br />shafts, pipes, radiators, conduits, wiring, window screens and shades, drapes, rugs and other floor
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