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<br />Deed of rust, ea r ty Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust ") is made 09/10/2001
<br />by and TS,
<br />between Land 4 Sale, L.L.C. —_
<br />-S.
<br />_—
<br />(the "Trustor") a(n) Limited Liability Compa-
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Trustee "), a national banking association, and
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Beneficiary "), a national banking association. WilNESSETH:
<br />IF THiS BOX IS CHECKED ❑ TtNS liirETl Of: i SU4T CONSf, UTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUt:77oN LILN ACT AND CREATES, GRANTS AND
<br />WHEREAS, CONSTITUTES A CONSTRUCTION SFCUHITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />fXl Trustor has executed and delivered to Beneficiary a promissory note in the ,principal sum of
<br />Two- Hundred N;_ nety -Three Thousand Eix-3undr i _and- - Q.Z100 -
<br />Dollars ($ 2 9 3 , 6 0 0 - 0 0 ), dated 0 9 / 1 n.1 �), 0 0 payable to the order of Beneficiary and having
<br />a maturity of
<br />-0 9 / 1 01/ 2 0 0 ti ' together with interest thereon, late cnaiges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and renewals thereof thereinafter the "Note ").
<br />(the "Borrower'), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Beneficiary for additional loans, letters of credit and other financiai accommodations, and to induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br />obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary (whether such debt,
<br />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
<br />due, absolute or contingent, primary or secondary, liquidated or unliqurdatea, or joint, several or joint and several),
<br />❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Borrower to Beneficiary evidenced by or arising out of the foliovving.
<br />and any extensions, renewals or replacements thereof together with accrued interest thereon and related costs of enforcement and
<br />collection expenses, pursuant to a Guaranty (hereinafter the ''Guaranty') of even date herewith.
<br />Trustor shall also pay all other sums, fees or charges, toga<thet with interest thereon, advanced to protect the security of this Deed of Trust
<br />and the performance of the covenants and agreements of ? 'rustor, whether cr not set fa-th herein anal perform, discharge and comply with
<br />every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obligations under the
<br />Note or the Guaranty, as applicable, and all such other . ums are hereinafter collectively referred to as the "Obligations').
<br />NOW, THEREFORE, in consideration of the premises and for the putpose of securing the Obligations, Trustor irrevocably grants
<br />and transfers to Trustee, in trust, WITH POWER Of SALE, the following described property located in the County of
<br />Ia11 , State of Nebraska:
<br />Lot Four (4), Block Ninety -nine (99), Railroad Addition to the City of Grand Island,
<br />Hall County, Nebraska.
<br />SUBJECT TO: easements and restrictions of record, and:
<br />together with (i) all buildings, structures, additions, en,'argernents, rn9difications, repairs, replacements, and improvements now or hereafter
<br />located thereon, (ii) all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building
<br />improvement or improvement now or hereafter located thereon, )iii) all easements and rights of way appurtenant thereto, (iv) all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether new or hereafter existing or entered into (including, without limitation,
<br />all cash and security deposits, advance rentals and doposil or payments of a simiiat nature), pertaining thereto, (v) all rents, issues, profits
<br />and income therefrom (subject to the right of Trustor to cu //e t and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), !�dl all royalties: mitwrar; oil and gas rights and profits, water, water rights, and
<br />water stock, (vii) all tenements, hereditaments, privileges and apputio,jances belonging, used or enjoyed in connection therewith, and (viii) all
<br />proceeds of conversion, voluntary or involuntary, of any of rho fot�goit:q; into cash or hquidated claims (including, without limitation,
<br />proceeds of insurance and condemnation awards), all of which are irereinait&r collectively the "]'rust - roperty. "
<br />TO PROTECT THE SECURITY OF THIS DEED OF TPUSi, TRUSTOH COVt:NANTS ANC) AGREES AS FOLLOWS:
<br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property (subject
<br />to any land sale contract described above) and has the right to convey the T-usr Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that th.s ,?eed cf Trust is and will remain a valid and enforceable lien on the Trust
<br />Property, that Trustor, at its expense, will preserve suet, title and will maintain this Deed of Trust as a lien upon the Trust Property and will
<br />forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its
<br />expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and in such place and will take such action as in the upinion of Trustee may be required by any present or future
<br />111111 IR M911111111111 F 111' 11 1 IT 1 II 1 1 1 1 1 11 1` 1 1'
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