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200306392 DEED OF TRUST AND SECURITY AGREEMENT Loan No. 01- 10184990 THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust ") is made this 19`h day of May, 2003, among the Trustor, Equestrian Meadows, L.L.C., a Nebraska limited liability company (herein "Borrower "), TierOne Bank (herein "Trustee "), and the Beneficiary, TierOne Bank, a corporation organized and existing under the laws of the United States of America, whose address is 1235 "N" Street, Lincoln, Nebraska 68508 (herein "Lender "). Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants, transfers, assigns, and conveys to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit of and security of Lender, under and subject to the terms and conditions hereinafter set forth, the following described real property located in the County of Hall, State of Nebraska: (See Exhibit "A" attached hereto and incorporated herein by this reference.) TOGETHER WITH all improvements now or hereafter erected on such property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, including, but not limited to, heating and cooling equipment, now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property, or the leasehold estate if this Deed of Trust is on a leasehold, are herein referred to as the "Property "; TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's Note Secured by Deed of Trust dated of even date herewith (herein "Note "), in the principal sum of EIGHT HUNDRED FIFTY FIVE THOUSAND AND NO /100 DOLLARS ($855,000.00) (the "Principal ") with Interest (as defined in the Note) thereon, providing for monthly Installments of Interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 1, 2004 (the "Maturity Date "); the payment of all sums, with interest thereon, advanced in accordance herewith to protect the real and personal property covered by this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained or contained in the Note or any other document executed by Borrower in connection with the indebtedness secured hereby (jointly, the "Loan Documents "). Borrower covenants to Lender and Trustee that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property and otherwise reasonably acceptable to Lender. ;0 fT C7 i!J C y _ C x' (D 2 M y cn © A r• ; �> � { -1 rn -< (D O CD 2 When recorded return to: � Z7 � n TierOne Bank � 1 CID rn c.� CD Attn: Credit Admin. Department CO � O ,_ , 1235 "N' Street c^' � N Z Lincoln, NE 68508 p 200306392 DEED OF TRUST AND SECURITY AGREEMENT Loan No. 01- 10184990 THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Trust ") is made this 19`h day of May, 2003, among the Trustor, Equestrian Meadows, L.L.C., a Nebraska limited liability company (herein "Borrower "), TierOne Bank (herein "Trustee "), and the Beneficiary, TierOne Bank, a corporation organized and existing under the laws of the United States of America, whose address is 1235 "N" Street, Lincoln, Nebraska 68508 (herein "Lender "). Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants, transfers, assigns, and conveys to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit of and security of Lender, under and subject to the terms and conditions hereinafter set forth, the following described real property located in the County of Hall, State of Nebraska: (See Exhibit "A" attached hereto and incorporated herein by this reference.) TOGETHER WITH all improvements now or hereafter erected on such property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, including, but not limited to, heating and cooling equipment, now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property, or the leasehold estate if this Deed of Trust is on a leasehold, are herein referred to as the "Property "; TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's Note Secured by Deed of Trust dated of even date herewith (herein "Note "), in the principal sum of EIGHT HUNDRED FIFTY FIVE THOUSAND AND NO /100 DOLLARS ($855,000.00) (the "Principal ") with Interest (as defined in the Note) thereon, providing for monthly Installments of Interest, with the balance of the indebtedness, if not sooner paid, due and payable on June 1, 2004 (the "Maturity Date "); the payment of all sums, with interest thereon, advanced in accordance herewith to protect the real and personal property covered by this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained or contained in the Note or any other document executed by Borrower in connection with the indebtedness secured hereby (jointly, the "Loan Documents "). Borrower covenants to Lender and Trustee that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property and otherwise reasonably acceptable to Lender.