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-SPACE ABOVE RESERVED FOR RECORDER'S USE-
<br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT —1�,
<br />Loan No. 08000361181 -01
<br />THIS DEED OF TRUST ( "Instrument ") is made this � day of August, 2004, by BNS PROPERTY
<br />III, L.L.C., a Nebraska limited liability company ( "Borrower "), whose address is 10727 "M" Street, Omaha,
<br />Nebraska 68127, to FIRST NATIONAL BANK OF OMAHA ( "Trustee "), whose address is One First National
<br />Center, 1620 Dodge Street, Omaha, Nebraska 68197, for the benefit of FIRST NATIONAL BANK OF OMAHA,
<br />as beneficiary ( "Lender "), whose address is One First National Center, 1620 Dodge Street, Omaha, Nebraska 68197.
<br />WITNESSETH:
<br />Borrower, as trustor, irrevocably grants, conveys, transfers, and assigns to Trustee, in trust, with power of
<br />sale, to all of Borrower's right title and interest in that real property in Hall County, Nebraska, described as on
<br />Exhibit "A" attached hereto and incorporated herein by reference, under a certain ground lease executed on March
<br />11, 1999 originally by and between Albertson's, Inc. and Robert M. Allen Family Limited Partnership, a Nebraska
<br />limited partnership and Allen Parcel 24, LLC, and Nebraska limited liability company the record title owners of the
<br />Property.
<br />TOGETHER with all interest which Borrower now has or may hereafter acquire in or to said property and
<br />in and to: (a) all easements and rights of way appurtenant thereto, and all heretofore or hereafter vacated alleys and
<br />streets abutting said property; and (b) all buildings, structures, tenements, improvements, fixtures, and
<br />appurtenances now or hereafter placed thereon and owned by Borrower, including, but not limited to, all fixtures,
<br />apparatus, machinery, equipment, engines, boilers, incinerators, building materials, appliances and goods of every
<br />nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with said
<br />property, including, but not limited to, those for the purposes of supplying or distributing air cooling, air
<br />conditioning, gas, electricity, water, air, refrigeration, ventilation, laundry, drying, dishwashing, garbage disposal
<br />and other services; and all related machinery and equipment, fire prevention and extinguishing apparatus, security
<br />and access control apparatus, plumbing, water heaters, sinks, ranges, stoves, refrigerators, dishwashers, disposals,
<br />washers, dryers, cabinets, paneling, attached floor coverings, furniture, and pictures, it being intended and agreed
<br />that such items, including replacements and additions thereto, be conclusively deemed to be affixed to and be part of
<br />the real property that is conveyed hereby; and (c) all cabinets, shelving, furniture, displays, lights, machinery and
<br />other trade fixtures attached or otherwise installed on said property used for a trade or business, it being intended
<br />and agreed that such items, including replacements and additions thereto, be conclusively deemed to be affixed to
<br />and be part of the real property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights and profits,
<br />water and water rights (whether or not appurtenant) owned by Borrower and shares of stock pertaining to such water
<br />or water rights, ownership of which affects said property; and (e) the rents, income, issues, and profits of all
<br />properties covered by this Instrument; SUBJECT, HOWEVER, to the terms and conditions herein set forth.
<br />Borrower agrees to execute and deliver, from time to time, such further instruments as may be requested by Lender
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<br />-SPACE ABOVE RESERVED FOR RECORDER'S USE-
<br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT —1�,
<br />Loan No. 08000361181 -01
<br />THIS DEED OF TRUST ( "Instrument ") is made this � day of August, 2004, by BNS PROPERTY
<br />III, L.L.C., a Nebraska limited liability company ( "Borrower "), whose address is 10727 "M" Street, Omaha,
<br />Nebraska 68127, to FIRST NATIONAL BANK OF OMAHA ( "Trustee "), whose address is One First National
<br />Center, 1620 Dodge Street, Omaha, Nebraska 68197, for the benefit of FIRST NATIONAL BANK OF OMAHA,
<br />as beneficiary ( "Lender "), whose address is One First National Center, 1620 Dodge Street, Omaha, Nebraska 68197.
<br />WITNESSETH:
<br />Borrower, as trustor, irrevocably grants, conveys, transfers, and assigns to Trustee, in trust, with power of
<br />sale, to all of Borrower's right title and interest in that real property in Hall County, Nebraska, described as on
<br />Exhibit "A" attached hereto and incorporated herein by reference, under a certain ground lease executed on March
<br />11, 1999 originally by and between Albertson's, Inc. and Robert M. Allen Family Limited Partnership, a Nebraska
<br />limited partnership and Allen Parcel 24, LLC, and Nebraska limited liability company the record title owners of the
<br />Property.
<br />TOGETHER with all interest which Borrower now has or may hereafter acquire in or to said property and
<br />in and to: (a) all easements and rights of way appurtenant thereto, and all heretofore or hereafter vacated alleys and
<br />streets abutting said property; and (b) all buildings, structures, tenements, improvements, fixtures, and
<br />appurtenances now or hereafter placed thereon and owned by Borrower, including, but not limited to, all fixtures,
<br />apparatus, machinery, equipment, engines, boilers, incinerators, building materials, appliances and goods of every
<br />nature whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with said
<br />property, including, but not limited to, those for the purposes of supplying or distributing air cooling, air
<br />conditioning, gas, electricity, water, air, refrigeration, ventilation, laundry, drying, dishwashing, garbage disposal
<br />and other services; and all related machinery and equipment, fire prevention and extinguishing apparatus, security
<br />and access control apparatus, plumbing, water heaters, sinks, ranges, stoves, refrigerators, dishwashers, disposals,
<br />washers, dryers, cabinets, paneling, attached floor coverings, furniture, and pictures, it being intended and agreed
<br />that such items, including replacements and additions thereto, be conclusively deemed to be affixed to and be part of
<br />the real property that is conveyed hereby; and (c) all cabinets, shelving, furniture, displays, lights, machinery and
<br />other trade fixtures attached or otherwise installed on said property used for a trade or business, it being intended
<br />and agreed that such items, including replacements and additions thereto, be conclusively deemed to be affixed to
<br />and be part of the real property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights and profits,
<br />water and water rights (whether or not appurtenant) owned by Borrower and shares of stock pertaining to such water
<br />or water rights, ownership of which affects said property; and (e) the rents, income, issues, and profits of all
<br />properties covered by this Instrument; SUBJECT, HOWEVER, to the terms and conditions herein set forth.
<br />Borrower agrees to execute and deliver, from time to time, such further instruments as may be requested by Lender
<br />156698 -1 - 1 -
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