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202300986
<br />DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND
<br />FIXTURE FILING
<br />This Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing is
<br />made as of the 28th day of February, 2023, by Bosselman Pump & Pantry, Inc., f/k/a Bosselman, Inc.,
<br />("Grantor"), a Nebraska corporation whose address is 1607 S. Locust St., Suite A, Box 4905, Grand Island,
<br />Nebraska 68802-4905 USA, to James M. Pfeffer, a member of the State Bar of Nebraska, whose address is
<br />c/o Dvorak Law Group, LLC, 9500 West Dodge Road, Suite 100, Omaha, Nebraska 68114 USA, and for
<br />the benefit and in favor of Commerce Bank ("Lender") as beneficiary, whose address is 1000 Walnut Street,
<br />BB17-1, Kansas City, Missouri 64106.
<br />RECITALS
<br />Grantor has requested that Lender make the Loan (as hereinafter defined) to Grantor. As a
<br />condition precedent to making the Loan, Lender has required that Grantor secure the Loan with the Property
<br />(as defined below) encumbered by this Deed of Trust and to execute and deliver this Deed of Trust,
<br />Assignment of Rents and Leases, Security Agreement and Fixture Filing to Trustee and Lender. This Deed
<br />of Trust is given pursuant to the Loan Agreement, and payment, fulfillment, and performance of the
<br />obligations due under the Loan Agreement and under the other Loan Documents are secured by this Deed
<br />of Trust in accordance with its terms.
<br />GRANTS AND AGREEMENTS
<br />Now, therefore, in order to induce Lender to make the Loan to Grantor, for $10, and other good
<br />and valuable consideration, the receipt and sufficiency of which is acknowledged, Grantor agrees as
<br />follows:
<br />Article I
<br />Definitions.
<br />As used in this Deed of Trust, the terms defined in the Recitals and Preamble hereto shall have the
<br />respective meanings specified therein, and the following additional terms shall have the meanings specified
<br />and to the extent such terms apply to the Property, shall apply to the Property identified on Exhibit A:
<br />"Accessories" means all fixtures (including, but not limited to, all heating, air conditioning,
<br />plumbing, lighting, communications, internet, fiber optic, and elevator fixtures), equipment, systems,
<br />machinery, furniture, furnishings, appliances, inventory, goods, building and construction materials,
<br />supplies and other articles of personal property, of every kind and character, tangible and intangible
<br />(including software embedded therein), now owned or hereafter acquired by Grantor, which are now or
<br />hereafter attached to or situated in, on or about the Land or Improvements, or used in or necessary to the
<br />complete and proper planning, development, use, occupancy, or operation thereof, or acquired (whether
<br />delivered to the Land or stored elsewhere) for use or installation in or on the Land or Improvements, and
<br />all Additions to the foregoing, all of which are hereby declared to be permanent accessions to the Land.
<br />"Accounts" means all accounts of Grantor within the meaning of the Uniform Commercial Code
<br />of the State, derived from or arising out of the use, occupancy or enjoyment of the Property or for sale of
<br />inventory or services rendered therein or thereon.
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