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hil O� in 70 C z Fri v RE- RECORDED I 200406823 i nk: M i(, NEBRASKA DEED OF TRUST, SECURITY AGREEMENT 7378485517 0 �- Sin+® AND ASSIGNMENT OF RENTS AND LEASES coon-, �` INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) � If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERREDTO IN THE-- NEBRASKA CONSTRUCTION LIEN ACT. i u This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform Commercial Code) ( "Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s) and /or other obligor(s) /pledgor(s) (collectively the " Trustoe') in favor of U. S . BANK N.A. , having a mailing address at 400 CITY CENTER OSHKOSH WI 54901 (the "Trustee'), for the benefit of U.S. BANK N.A. (the "Beneficiary'), effective as of the date set forth below. ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATIONOF FIVE DOLLARS ($5.00) cash in hand paid by the Trustee to the Trustor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan Documents "). The parties further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Property which are subject to Article 9 of the Uniform Commercial Code. 1.2 "Property'Irneans all of the following, whether now owned or existing or hereafter acqu i red by the Trustor, wherever located: all the real estatedescrihed below or in Exhibit attached hereto (the "Land "), together with all buildings, structures, standing timber, timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or located thereon (the "Improvements') (the Land and the Improvements collectively the "Premises "); TOGETHER with any and all easements, rights -of -way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents "); all awards as a result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. The Land is described as follows (or in Exhibit A hereto if the description does not appear below): LOTS ONE (1) AND TWO (2), PARK ISLAND SQUARE SIXTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND LOT TWO (2), PARK ISLAND SQUARE FIFTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA PROPERTY LOCATED AT HWY & 3TH STREET, GRAND ISLAND, NE 68803 �J t 1714NE ©us bancorp 2001 B1 Page 1 of 8 6/03 v �_ cz_.31 N o m o- C D N e-h f�D r• , d CD C; O (] Cn M :3 r- o r- C n W vi C -� CD co Cn Q7 =3 N Z i(, NEBRASKA DEED OF TRUST, SECURITY AGREEMENT 7378485517 0 �- Sin+® AND ASSIGNMENT OF RENTS AND LEASES coon-, �` INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) � If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERREDTO IN THE-- NEBRASKA CONSTRUCTION LIEN ACT. i u This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform Commercial Code) ( "Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s) and /or other obligor(s) /pledgor(s) (collectively the " Trustoe') in favor of U. S . BANK N.A. , having a mailing address at 400 CITY CENTER OSHKOSH WI 54901 (the "Trustee'), for the benefit of U.S. BANK N.A. (the "Beneficiary'), effective as of the date set forth below. ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY 1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATIONOF FIVE DOLLARS ($5.00) cash in hand paid by the Trustee to the Trustor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan Documents "). The parties further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Property which are subject to Article 9 of the Uniform Commercial Code. 1.2 "Property'Irneans all of the following, whether now owned or existing or hereafter acqu i red by the Trustor, wherever located: all the real estatedescrihed below or in Exhibit attached hereto (the "Land "), together with all buildings, structures, standing timber, timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or located thereon (the "Improvements') (the Land and the Improvements collectively the "Premises "); TOGETHER with any and all easements, rights -of -way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents "); all awards as a result of condemnation, eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. The Land is described as follows (or in Exhibit A hereto if the description does not appear below): LOTS ONE (1) AND TWO (2), PARK ISLAND SQUARE SIXTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND LOT TWO (2), PARK ISLAND SQUARE FIFTH SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA PROPERTY LOCATED AT HWY & 3TH STREET, GRAND ISLAND, NE 68803 �J t 1714NE ©us bancorp 2001 B1 Page 1 of 8 6/03