|
Y•
<br />� r
<br />Y♦
<br />if
<br />t
<br />4
<br />M =
<br />ill
<br />Z n
<br />= D Q
<br />m N
<br />w
<br />n N
<br />�
<br />`•0
<br />r. � .
<br />c7
<br />2 —i
<br />—i rn
<br />r\)C-
<br />�( \\ o` V
<br />W
<br />< o
<br />O
<br />\ �\
<br />Q
<br />O Z
<br />(=D
<br />O C
<br />b
<br />cil
<br />Ca
<br />CD
<br />CW
<br />O
<br />®bank NEBRASKA DEED OF TRUST, SECURITY AGREEMENT
<br />M735063617
<br />O
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />cn
<br />r\)
<br />sue®
<br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)
<br />❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERRED TO IN THE
<br />NEBRASKA CONSTRUCTION LIEN ACT. c�
<br />This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform ` -
<br />Commercial Code) ('Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s) and /or other
<br />obligor(s) /pledgor(s) (collectively the 'Trustor ") in favor of U. S . BANK N.A. , having
<br />a mailing address at 400 CITY CENTER, OSHKOSH, WI 54901 (the 'Trustee "),for the
<br />benefit of U. S . BANK N.A. (the 'Beneficiary "),effective as of the date set forth below.
<br />ARTICLE I. CONVEYANCE /MORTGAGED PROPERTY
<br />1.1 Grant of Deed of Trust /Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in hand paid by the
<br />Trustee to the Trustor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has
<br />bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and
<br />assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the
<br />Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of
<br />the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the
<br />Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or
<br />other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's
<br />acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically
<br />enumerated herein and any other agreement with the Beneficiary (together and individually, the 'Loan Documents "). The parties
<br />further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Property which are
<br />subject to Article 9 of the Uniform Commercial Code.
<br />1.2 "Property" means all of the following, whether now owned or existing or hereafter acquired by the Trustor, wherever located:
<br />all the real estate described below or in Exhibit A attached hereto (the 'Land "), together with all buildings, structures, fixtures,
<br />equipment, inventory and furnishings used in connection with the Land and improvements; all materials, contracts, drawings and
<br />personal property relating to any construction on the Land; and all other improvements now or hereafter constructed, affixed or
<br />located thereon (the "Improvements ") (the Land and the Improvements collectively the 'Premises "); TOGETHER with any and all
<br />easements, rights -of -way, licenses, privileges, and appurtenances thereto, and any and all leases or other agreements for the use or
<br />occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security deposits and any guaranty of a
<br />tenant's obligations thereunder (collectively the 'Rents "); all awards as a result of condemnation, eminent domain or other decrease
<br />in value of the Premises and all insurance and other proceeds of the Premises.
<br />The Land is described as follows (or in Exhibit A hereto if the description does not appear below):
<br />See Attached Exhibit A
<br />1714NE ©us bancorp 2001 B1
<br />Page 1 of 8
<br />1071171
<br />
|