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200109058
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Last modified
10/14/2011 9:29:37 AM
Creation date
10/20/2005 10:07:36 PM
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DEEDS
Inst Number
200109058
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200109058 Revised 12114199 <br />all of the estate, right, title, interest, claim or demand whatsoever of Grantor therein and in the <br />streets and ways and areas adjacent thereto (the "Land "); <br />b. All buildings and other improvements now or hereafter located on the Land, <br />including without limitation a 160 -unit multi- family housing development to be constructed <br />thereon by Grantor (the "Improvements "); and <br />C. All machinery, apparatus, equipment, fittings and fixtures of every kind and <br />nature whatsoever now owned or hereafter acquired by Grantor, which may now or hereafter <br />be placed in any building(s) or other improvement(s) now or hereafter constructed, <br />rehabilitated, renovated, improved or placed upon said Land or any part thereof, and whether <br />used or procured for use in connection with the operation and maintenance of said building(s) <br />or improvement(s) or the operation of any business of Grantor conducted on or from said <br />building(s) or improvement(s), all of which machinery, apparatus, equipment, fittings and <br />fixtures are hereby declared, determined and agreed to be part and parcel of said lands and <br />premises and appropriated to the use thereof, whether affixed or annexed thereto or not, and <br />shall for the purposes of this Deed of Trust be deemed conclusively to be real estate and <br />conveyed hereby as security for the payment and performance herein mentioned (it being <br />agreed that to the extent any of the property described or referred to in this Deed of Trust is <br />governed by the provisions of the Uniform Commercial Code or any similar statute adopted by <br />the State of Nebraska, this Deed of Trust is hereby deemed to be a " Security Agreement" <br />under said code or similar statute, and Grantor is hereby deemed to be the "Debtor" and <br />Beneficiary is hereby deemed to be the "Secured Party" thereunder. Grantor, and each <br />successor and assign of Grantor, specifically agrees that it will join with Beneficiary in <br />executing one or more Financing Statements pursuant to the Uniform Commercial Code in <br />such form and with such parties signatory as Beneficiary or such successor or assign of <br />Beneficiary may request, to be filed in such office or offices as Beneficiary or such successor <br />or assign may deem necessary or desirable); <br />all of the foregoing being sometimes hereinafter collectively referred to as the "Property." <br />TO HAVE AND TO HOLD the Property and every part thereof unto the Trustee, and <br />unto his successors and assigns; <br />IN TRUST NEVERTHELESS, to secure the payment of the Note and debt above <br />described and the performance of the covenants and agreements herein undertaken to be <br />performed by Grantor; and subject to the following terms, conditions and uses, Grantor <br />covenants and agrees with Beneficiary, its successors and assigns, as follows: <br />This conveyance constitutes a deed of trust of the Property. <br />The indebtedness hereby secured includes any renewal or extension of any part or all <br />of said indebtedness; and if any portion of said indebtedness or any provision of this <br />instrument shall be held invalid for any reason, it is the intent of the parties that such portion <br />shall be severable, and such invalidity shall not affect the remainder of said debt or instrument. <br />M: WGrand IslandlLegalUuniorDeedOjT ust.doc <br />2 <br />
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