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202105676
<br />DEED OF TRUST,
<br />SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS,
<br />FINANCING STATEMENT, AND FIXTURE FILING
<br />ONE OR MORE OF THE NOTES SECURED BY THIS DEED OF TRUST BEARS INTEREST AT A
<br />VARIABLE RATE WHICH WILL FLUCTUATE DURING THE LOAN TERM.
<br />THIS DEED OF TRUST, SECURITY AGREEMENT, ASSIGNMENT OF LEASES AND RENTS,
<br />FINANCING STATEMENT AND FIXTURE FILING (the "Deed of Trust") is made as of June 30, 2021, by
<br />ALLSTATE BK REAL ESTATE HOLDINGS, LTD., a Texas limited partnership, as Grantor and Trustor
<br />("Trustor") whose mailing address is 4415 State Highway 6, Sugar Land, Texas 77478; in favor of AARON B.
<br />JOHNSON, an active member in good standing of the Nebraska State Bar Association ("Trustee"), as trustee,
<br />whose mailing address is 1700 Farnam Street, Suite 1500, Omaha, Nebraska 68102; for the benefit of
<br />WOODFOREST NATIONAL BANK ("Lender") as beneficiary, whose mailing address is 1330 Lake Robbins,
<br />The Woodlands, Texas 77380.
<br />FOR VALUABLE CONSIDERATION, it is agreed as follows:
<br />ARTICLE 1
<br />DEED OF TRUST
<br />1.1 Grant of Deed of Trust. Trustor irrevocably grants, conveys, assigns, and transfers to Trustee, in trust,
<br />WITH POWER OF SALE AND RIGHT OF ENTRY, for the benefit and security of Lender, and grants to
<br />Lender a security interest in, all of the Trust Estate; TO HAVE AND TO HOLD the Trust Estate hereby granted,
<br />conveyed, assigned, and transferred, or so intended, together with all estate, right, title and interest of Trustor and
<br />anyone claiming by, through or under Trustor, in, to, under or derived from the Trust Estate and all rights and
<br />appurtenances relating thereto, unto Lender, its successors and assigns forever, upon the terms, provisions and
<br />conditions set forth in this Deed of Trust, subject only to the Permitted Exceptions. This Deed of Trust is being
<br />made pursuant to the terms and conditions of the Loan Agreement, of even date herewith, between Trustor, as
<br />Borrower, and Lender (as it may be amended, restated, supplemented, extended or renewed from time to time, the
<br />"Loan Agreement"). Capitalized terns used in this Deed of Trust and not otherwise defined in this Deed of Trust
<br />have the meanings given to those terms in the Loan Agreement.
<br />1.2 The Trust Estate. The "Trust Estate" consists of all of Trustor's estate, right, title and interest in and
<br />to the following described property and property rights, whether now existing or hereafter acquired, including in any
<br />greater estate hereafter acquired, with references in this Deed of Trust to the Trust Estate to mean and include all or
<br />any portion of or interest in any of the Trust Estate:
<br />(a) The Land and Improvements. The real property described on Exhibit 1.2, together with any
<br />and all rights and privileges appurtenant thereto (the "Land"), and all buildings and other improvements
<br />located or erected on the Land, including any and all items of property attached or affixed to such buildings
<br />or other improvements (or any portion thereof) (collectively, the "Improvements"), which Improvements are
<br />intended and agreed to be an integral part of the real property. The Land and the Improvements are referred
<br />to in this Deed of Trust as the "Premises." If there is more than one parcel of real property described on
<br />Exhibit 1.2, references in this Deed of Trust to "Land" and "Improvements" shall be to the Land and
<br />Improvements relating to and encompassing each such parcel, each of which constitutes a "Premises," and
<br />references to "Premises" shall include each such Premises.
<br />(b) Leases and Rents. Any and all leasehold estates covering any portion of the Premises,
<br />including sublease estates, and including all cash or security deposits, advance rentals, and deposits or
<br />payments of similar nature (collectively, the "Leases"), together with any and all rents, issues, profits,
<br />damages, income and other benefits now or hereafter derived from the Premises (collectively the "Rents").
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<br />4811-3778-8911
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