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202304/13
<br />NEBRASKA DEED OF TRUST, SECURITY AGREEMENT
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />This Deed of Trust, Security Agreement and Assignment of Rents and Leases (this "Deed of Trust") is made and
<br />entered into by DIAZ REAL ESTATE, LLC (the "Trustor," whether one or more) in favor of U.S. Bank National
<br />Association, having a mailing address at 400 City Center, Oshkosh, WI 54901 (the "Trustee"), for the benefit of
<br />U.S. Bank National Association (the "Beneficiary"), effective as of the date set forth below.
<br />ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY
<br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in
<br />hand paid by Trustee to Trustor, and the financial accommodations from Beneficiary to Trustor as described below,
<br />Trustor has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto
<br />Trustee, its successors and assigns, IN TRUST, WITH POWER OF SALE, for the benefit of Beneficiary, the
<br />Mortgaged Property (defined below) to secure all of the Obligations (defined below). The parties further intend that
<br />this Deed of Trust shall operate as a security agreement with respect to those portions of the Mortgaged Property
<br />which are subject to Article 9 of the Uniform Commercial Code.
<br />1.2 "Mortgaged Property" means all of the following, whether now owned or existing or hereafter acquired by
<br />Trustor, wherever located: all the real property legally described in Exhibit A attached hereto (the "Land"),
<br />together with all buildings, structures, standing timber, timber to be cut, fixtures, furnishings, equipment, machinery,
<br />apparatus, appliances, and articles of personal property of every kind and nature whatsoever (and all proceeds and
<br />products thereof) now or hereafter located on the Land, or any part thereof, used in connection with the Land and
<br />improvements; all building materials, contracts, drawings, plans and specifications and other personal property
<br />relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or located
<br />thereon (the "Improvements") (the Land and the Improvements collectively the "Premises"); TOGETHER with
<br />any and all easements, rights-of-way, licenses, privileges, and appurtenances thereto, and any and all leases or other
<br />agreements for the use or occupancy of the Premises, and all the rents, issues, profits or any proceeds therefrom and
<br />all security deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents"); all awards as a
<br />result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and other
<br />proceeds of the Premises; and any and all rights of Trustor in any and all accounts, rights to payment, contract rights,
<br />chattel paper, documents, instruments, licenses, contracts, agreements and general intangibles relating to any of the
<br />Mortgaged Property, including, without limitation, income and profits derived from the sale of the Mortgaged
<br />Property or the operation of any business on the Premises or attributable to services that occur or are provided on the
<br />Premises or generated from the use and operation of the Mortgaged Property.
<br />1.3 "Obligations" means the loan(s) by Beneficiary to DIAZ REAL ESTATE, LLC (the "Borrower") evidenced
<br />by the following note(s):
<br />a note originally dated or amended or restated as of August 10, 2023 in the stated or amended and/or restated
<br />principal amount of $605,000.00;
<br />from DIAZ REAL ESTATE, LLC to Beneficiary, and any extensions, renewals, restatements and modifications
<br />thereof and all principal, interest, fees and expenses relating thereto, and if a revolving credit, such amounts as may
<br />be advanced, paid down and readvanced from time to time thereunder (separately and collectively, the "Note"); all
<br />of Trustor's debts, liabilities, obligations, covenants, warranties, and duties to Beneficiary under the Loan
<br />Documents, however arising and whether now or hereafter existing or incurred, whether liquidated or unliquidated,
<br />whether absolute or contingent; all of Trustor's obligations under this Deed of Trust; and principal, interest, fees,
<br />expenses and charges relating to any of the foregoing, including, without limitation, costs and expenses of collection
<br />and enforcement of this Deed of Trust, reasonable attorneys' fees of both inside and outside counsel and
<br />environmental assessment or remediation costs. The interest rate and maturity of such Obligations are as described
<br />in the documents creating the indebtedness secured hereby.
<br />The total principal amount, exclusive of interest, of the Obligations, including any future debts, advances, liabilities
<br />or obligations under the Loan Documents, not including, however, any sums advanced for the protection of the
<br />Mortgaged Property or Trustor's interest therein, shall not exceed the sum of $605,000.00; PROVIDED,
<br />HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE
<br />ADDITIONAL OR FUTURE LOANS OR ADVANCES IN ANY AMOUNT.
<br />1.4 "Loan Documents" means together and individually the Note, this Deed of Trust and any promissory note,
<br />loan agreement, security or pledge agreement, assignment, financing statement, lease, mortgage, deed of trust or
<br />other pledge of an interest in real or personal property, any guaranty, subordination, letter of credit and letter of
<br />04-004 0 us bancorp 2013 (rev. 3.3 - 05/2022) 377341, vers. 2
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