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r, <br />M-� <br />F--4 <br />n <br />M <br />l'1 <br />;o <br />M <br />T <br />c <br />2 N <br />2 D <br />M CA <br />n = <br />R � <br />8 <br />200305482 <br />C_> <br />m , <br />c� L <br />C r <br />o r <br />rn <br />c� <br />0 <br />z <br />N � <br />-T1 <br />-D <br />0 <br />cn <br />c-n <br />NEBRASKA DEED OF TRUST, SECURITY AGREEMENT <br />5� n ® AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) <br />Cn <br />--4 <br />It- <br />__4 <br />M <br />0 <br />� r <br />cn <br />n <br />Cn <br />1378490442 <br />rn <br />C3 <br />N <br />CD Q <br />CD <br />C-0 <br />0 Cn <br />cC <br />n 3 <br />CD <br />CO <br />.-r <br />N Z <br />O <br />-i-: <br />❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERRED TO IN THE <br />NEBRASKA CONSTRUCTION LIEN ACT. <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 "Trustoe') 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 CONSIDERATIONOF 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'Yneans all of the following, whether now owned or existing or hereafteracquired 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 "); TOGETHERwith any and all <br />easements, rig hts-of -way, licenses, privileges, and appurtenances thereto, and any and all leasesor other agreementsfor 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 />r <br />t <br />Page 1 of 8 <br />10/01 <br />