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200403671
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Last modified
10/16/2011 2:51:10 PM
Creation date
10/21/2005 12:39:55 AM
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DEEDS
Inst Number
200403671
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200403671 <br />DEED OF TRUST, ASSIGNMENT OF <br />RENTS AND LEASES, AND SECURITY AGREEMENT <br />(Nebraska) <br />THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES <br />AND SECURITY AGREEMENT (this "Deed of Trust ") is dated as of March JL, 2004, <br />by and from AMERCO REAL ESTATE COMPANY, a Nevada corporation <br />( "Grantor "), whose address is 2727 North Central Avenue, Phoenix, Arizona 85004 to <br />FIRST AMERICAN TITLE INSURANCE COMPANY ( "Trustee "), for the benefit <br />of WELLS F ARGO B ANK, N .A., a national banking association, in its capacity as <br />trustee ( "Agent ") pursuant to the Loan Agreement (as defined below), having an address <br />at Corporate Trust, 6th & Marquette; N9303 -120, Minneapolis, MN 55479 (Agent, <br />together with its successors and assigns, is referred to herein as `Beneficiary "). <br />RECITALS: <br />WHEREAS, Grantor is the fee owner of the real property and <br />improvements described in Exhibit A attached hereto. <br />WHEREAS, AMERCO, a Nevada corporation (also referred to herein as <br />the context requires as "Parent "), Grantor and the direct and indirect subsidiaries of <br />Parent and Grantor which are parties thereto (Parent, Grantor and such subsidiaries are <br />collectively referred to herein as "Borrowers "), Agent and the Holders (as defined in the <br />Loan Agreement) have entered into that certain Indenture dated as of March 1„ 2004 (as <br />amended, restated, supplemented or otherwise modified heretofore or hereinafter from <br />time to time, the "Loan Agreement "), which Loan Agreement provides for the issuance <br />of the Parent's 9.0% Second Lien Senior Secured Notes due 2009. Agent and the <br />Holders are unwilling to enter into the Loan Agreement unless Grantor, among other <br />things, secures the Obligations of Borrowers under the Loan Agreement and the other <br />Note Documents (as defined in the Loan Agreement) by delivering this Deed of Trust. <br />WHEREAS, Grantor is receiving a good and valuable benefit, the <br />sufficiency and receipt of which is hereby acknowledged, from Agent and Holders <br />entering into the Loan Agreement with Borrowers. <br />ARTICLE 1 <br />DEFINITIONS <br />Section 1.1 Definitions. All capitalized terms used herein without <br />definition shall have the respective meanings ascribed to them in the Loan Agreement. <br />As used herein, the following terms shall have the following meanings: <br />HALL COUNTY, NE <br />LAl 570091v2 <br />
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