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<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska) °
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust") is made 10/09/2001 by and
<br />between K -M Partnership
<br />(the "Trustor ") a(n)
<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. WITNESSETH.
<br />IF THIS BOX IS CHECKED M THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />WHEREAS, CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />M Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />One Million Piv- Hindr-d Thousand and 0 1100
<br />Dollars 1$ 1 , r; O o, o o n _ n() ),dated 1 payable to the order of Beneficiary and having a maturity of
<br />n7/1 5 .12n07 , together with interest thereon, )ate charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and renewals thereof (hereinafter 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 financial 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 />El
<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 unliquidated, 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 following:
<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 al/ other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Trustor, whether or not set forth herein and 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 sums are hereinafter collectively referred to as the "Obligations ").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose 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 />Hall County , State of Nebraska:
<br />Lot One (1), Medical Park Third Subdivision, an Addition to the City of Grand
<br />Island, Hall County, NE
<br />SUBJECT TO: easements and restrictions of record, and:
<br />together with (i) all buildings, structures, additions, enlargements, modifications, 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, ()))) all easements and rights of way appurtenant thereto, (iv) all leasehold
<br />estate, right, title and interest of Trustor in and to a# )eases, whether now or hereafter existing or entered into (including, without limitation,
<br />all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits
<br />and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br />water stock, NO all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all
<br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without /imitation,
<br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the 'Trust Property. "
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND 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 Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust
<br />Property, that Trustor, at its expense, will preserve such 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 al/ 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 opinion of Trustee may be required by any present or future
<br />(I11 ia Qrilf if jjf�jjii fCIlIRflIR 1qJ iffiFFi iqf (ifs Y( i�li Pfffl f r r� fif � rt fr,, m,y ¢ amgnded or supplemented from time to time.
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<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska) °
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust") is made 10/09/2001 by and
<br />between K -M Partnership
<br />(the "Trustor ") a(n)
<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. WITNESSETH.
<br />IF THIS BOX IS CHECKED M THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />WHEREAS, CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />M Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />One Million Piv- Hindr-d Thousand and 0 1100
<br />Dollars 1$ 1 , r; O o, o o n _ n() ),dated 1 payable to the order of Beneficiary and having a maturity of
<br />n7/1 5 .12n07 , together with interest thereon, )ate charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, substitutions and renewals thereof (hereinafter 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 financial 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 />El
<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 unliquidated, 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 following:
<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 al/ other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Trustor, whether or not set forth herein and 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 sums are hereinafter collectively referred to as the "Obligations ").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose 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 />Hall County , State of Nebraska:
<br />Lot One (1), Medical Park Third Subdivision, an Addition to the City of Grand
<br />Island, Hall County, NE
<br />SUBJECT TO: easements and restrictions of record, and:
<br />together with (i) all buildings, structures, additions, enlargements, modifications, 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, ()))) all easements and rights of way appurtenant thereto, (iv) all leasehold
<br />estate, right, title and interest of Trustor in and to a# )eases, whether now or hereafter existing or entered into (including, without limitation,
<br />all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, profits
<br />and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br />water stock, NO all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all
<br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without /imitation,
<br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the 'Trust Property. "
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND 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 Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust
<br />Property, that Trustor, at its expense, will preserve such 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 al/ 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 opinion of Trustee may be required by any present or future
<br />(I11 ia Qrilf if jjf�jjii fCIlIRflIR 1qJ iffiFFi iqf (ifs Y( i�li Pfffl f r r� fif � rt fr,, m,y ¢ amgnded or supplemented from time to time.
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