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200302537
<br />DEED OF TRUST
<br />'THIS DEED OF TRUST is made this (,, day of .Jeu✓� , 20 (E, by Shafer
<br />Development LLC, a Nebraska Limited Liability Company, whether by one or more
<br />(hereinafter called the ( "Tmstor "), whose mailing address is 1004 Diers Avenue Suite 300,
<br />Grand Island, NE, 68803, to Mary M. Camazzo, Attorney at Law (hereinafter called the
<br />'Trustee "), whose mailing address is 500 Energy Plaza, 409 South 17th Street, Omaha,
<br />Nebraska 68102, and Peter Bristol (hereinafter called the "Beneficiary"), whose mailing
<br />address is 8825 Maple Street, Omaha, Nebraska, 68134.
<br />WITNESSETH;
<br />WHEREAS, Truster has promised to pay the full and prompt payment of the sums due
<br />under a certain guaranty made to Beneficiary in the original principal sum of TWO
<br />HUNDRED AND FIVE THOUSAND DOLLARS ($205,000) which indebtedness is
<br />evidenced by a guar my by Tmstor dated of even date herewith (hereinafter called the
<br />"Guaranty"). Tmstor's initials).
<br />NOW THEREFORE, for the purpose of securing payment of the Guaranty on behalf
<br />of Truster, together with interest thereon, late charges, prepayment penalties, premiums, or
<br />fees, default fees, any future advances, and all extensions, modifications, substitutions and
<br />renewals thereof; payment of all other sums, fees or charges, together with interest thereon,
<br />advanced to protect the security of this Deed of Trust and the performance of the covenants
<br />and agreements of Tmstor, whether or not set forth herein; and performance, discharge of mud
<br />compliance with every term, covenant, obligation and agreement of Tmstor contained herein
<br />or incorporated by reference or any other security instrument at any time given to secure the
<br />Guaranty by Truster, all of which is hereinafter collectively called the "Indebtedness," Tmstor
<br />irrevocably grants and transfers to Trustee, in trust, WITH POWER OF SALE, the property
<br />legally described on Exhibit "A" attached hereto, together with (i) all buildings, structures,
<br />additions, enlargements, modifications, repairs, replacements, and improvements now or
<br />hereafter located thereon, (ii) all equipment, machinery and fixtures (including, without
<br />limitation, all lighting, heating, ventilating, cooling, air conditioning, sprinkling and plumbing
<br />fixtures, water and power systems, engines, boilers ranges, ovens, dishwashers, mirrors and
<br />mantels, carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units,
<br />communication systems, dynamos, transformers, electrical equipment, storm and screen
<br />windows, doors, awnings and shades) now or hereafter attached to, or built in, any building or
<br />improvement now or hereafter located thereon, (iii) all easements and rights of way
<br />appurtenant thereof, (iv) all leasehold estate, right, title and interest of Truster in and to all
<br />leases, whether now or hereafter existing or entered into (including, without limitation, all
<br />cash and security deposits, advance rentals and deposits or payments of a similar nature)
<br />pertaining thereto, (v) all rents issues, profits and income therefrom (subject to the right of
<br />Truster to collect and apply such rents, issues, profits and income as the become due and
<br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas
<br />rights and profits, water, water rights, and water stock, (vii) all tenements, hereditaments,
<br />privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii)
<br />all proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or
<br />liquidated claims (including, without limitation, proceeds of conversion, voluntary or
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