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'M° n <br />c AN <br />C C::) cn �• <br />n <br />n tDl� <br />7J rT1 <br />• © m n O <br />1� <br />• O V O <br />L <br />N C) T O <br />CO s N <br />M (J D = rn <br />M -p ca ►--+ <br />ryl <br />(Z) � r <br />o r D N <br />U) CIO CD <br />200412422 00 � N ? <br />MORTGAGE, CONSTRUCTION SECURITY AGREEMENT, <br />ASSIGNMENT OF LEASES AND RENTS C;- <br />AND FIXTURE FINANCING STATEMENT <br />THIS MORTGAGE, CONSTRUCTION SECURITY AGREEMENT, ASSIGNMENT OF <br />LEASES AND RENTS AND FIXTURE FINANCING STATEMENT (this "Mortgage ") is made as <br />of December �, 2004, by SEC Accommodator XXIX, LLC, a Nebraska limited liability company, <br />its successors and assigns, ( "Mortgagor "), having its principal offices at 13924 Gold Circle, Omaha, <br />Nebraska 68144, in favor of U.S. Bank National Association, a national banking association <br />( "Lender "), having its principal offices at 1015 St. Germain St. W., St. Cloud, MN 56301. <br />RECITALS <br />A. Mortgagor, as a qualified exchange intermediary for and on behalf of Demeules Family <br />Limited Partnership, a Minnesota limited partnership, in furtherance of a reverse 1031 Exchange <br />transaction, has purchased the Land described below and entered into a contract for construction of <br />buildings and improvements thereon. <br />B. Lender has lent, or agreed to lend, to Demeules Family Limited Partnership <br />( "Borrower ") the principal sum of Two Million Six Hundred Thousand Dollars ($2,600,000.00) (the <br />"Loan "), to be repaid with interest thereon, as evidenced by Borrower's Note (the "Note ", which tern <br />shall include any amendment, modification, supplement, extension, renewal, replacement or restatement <br />thereof), which Loan is the subject of a Loan Agreement between Borrower and Lender (the "Loan <br />Agreement ", which term shall include any amendment, modification, supplement, extension, renewal, <br />replacement or restatement thereof). The Note, the Loan Agreement and any other Loan Document <br />(as defined in the Loan Agreement) are each dated the same date as this Mortgage, are hereby <br />incorporated by reference, and, together with this Mortgage, as any of the same may be amended, <br />modified, supplemented, extended, renewed, replaced or restated, are sometimes collectively referred <br />to as the "Loan Documents ". <br />December??, 2004 1 <br />F:1Dam\? 1590\Mortgugc008.wpd 1 <br />