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<br />When recorded return to:
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<br />TierOne Bank a
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<br />Attn: Credit Admin. Department w
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<br />1235 "N" Street
<br />Lincoln, NE 68508
<br />DEED OF TRUST AND SECURITY AGREEMENT
<br />Loan No. 01- 10208890h
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<br />THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust ") is made this
<br />25"' day of February, 2004, among the Trustor, Growth Management Corporation, a Nebraska
<br />corporation, and Growth Management Corporation — Nebraska, a Nebraska corporation, (herein
<br />"Borrower "), TierOne Bank (herein "Trustee "), and the Beneficiary, TierOne Bank, a corporation
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<br />organized and existing under the laws of the United States of America, whose address is 1235 "N" Street,
<br />"Lender ").
<br />Lincoln, Nebraska 68508 (herein
<br />Borrower, in consideration of the indebtedness herein recited and the trust herein created,
<br />irrevocably grants, transfers, assigns, and conveys to Trustee, IN TRUST, WITH POWER OF SALE, for
<br />the benefit of and security of Lender, under and subject to the terms and conditions hereinafter set forth, the
<br />following described real property located in various Counties in the State of Nebraska:
<br />(See Exhibit "A" attached hereto and incorporated herein by this reference.)
<br />TOGETHER WITH all improvements now or hereafter erected on such property, and all
<br />easements, rights, appurtenances, rents (subject, however, to the rights and authorities given herein to
<br />Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water
<br />rights, and water stock, and all fixtures, including, but not limited to, heating and cooling equipment, now
<br />or hereafter attached to the property, all of which, including replacements and additions thereto, shall be
<br />deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing,
<br />together with said property, or the leasehold estate if this Deed of Trust is on a leasehold, are herein
<br />referred to as the "Property ";
<br />TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's Note Secured
<br />by Deed of Trust dated of even date herewith (herein "Note "), in the principal sum of FOUR MILLION
<br />SIX HUNDRED TWENTY FIVE THOUSAND AND NO /100 DOLLARS ($4,625,000.00) (the
<br />"Principal ") with Interest (as defined in the Note) thereon, providing for monthly Installments of Principal
<br />and Interest, with the balance of the indebtedness, if not sooner paid, due and payable on March 1, 2013
<br />(the "Maturity Date "); the payment of all sums, with interest thereon, advanced in accordance herewith to
<br />protect the real and personal property covered by this Deed of Trust; and the performance of the covenants
<br />and agreements of Borrower herein contained or contained in the Note or any other document executed by
<br />Borrower in connection with the indebtedness secured hereby (jointly, the "Loan Documents ").
<br />Borrower covenants to Lender and Trustee that Borrower is lawfully seized of the estate hereby
<br />conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that
<br />Borrower will warrant and defend generally the title to the Property against all claims and demands, subject
<br />to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title
<br />insurance policy insuring Lender's interest in the Property and otherwise reasonably acceptable to Lender.
<br />Borrower and Lender covenant and agree as follows:
<br />1. PAYMENT OF PRINCIPAL AND INTEREST. Borrower shall promptly pay when due the
<br />Principal of and Interest on the indebtedness evidenced by the Note, and all prepayment and late charges as
<br />provided in the Note or in this Deed of Trust.
<br />2. FUNDS FOR TAXES AND INSURANCE. Subject to applicable law or to a written waiver
<br />by Lender, Borrower shall pay to Lender on each Due Date under the Note, until the Note is paid in full, a
<br />sum (herein "Funds ") equal to one - twelfth of the yearly taxes and assessments which may attain priority
<br />over this Deed of Trust, and ground rents on the Property, if any, plus one - twelfth of yearly premium
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