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2 <br />i; <br />� N <br />y S <br />'307432 <br />M S� <br />O <br />rn <br />v <br />ti <br />c, <br />C= <br />Z <br />N <br />M <br />Z3 <br />0 <br />C!1 <br />(.JD <br />1Wbw NEBRASKA DEED OF TRUST, SECURITY AGREEMENT <br />Qi1 ® AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) <br />n CJ� <br />G <br />M <br />� n <br />O �1 <br />-, <br />D GJ <br />r— n <br />n <br />Cn <br />7849078 <br />M <br />O (�D <br />N CL <br />CD <br />O_ <br />W � <br />�. <br />O <br />-tea <br />w it <br />N O <br />❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERREDTO 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 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'Yneans 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 "); TOGETHERwith 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 />LOT 1, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, AN ADDITION TO THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY LOCATED AT 3620 OLD POTASH, GRAND ISLAND, NEBRASKA <br />1714NE ©us Bancorp 2001 B1 Page 1 of 8 10/01 <br />M <br />N <br />'-7 <br />= <br />rrZI <br />014 1 <br />O <br />2 <br />i; <br />� N <br />y S <br />'307432 <br />M S� <br />O <br />rn <br />v <br />ti <br />c, <br />C= <br />Z <br />N <br />M <br />Z3 <br />0 <br />C!1 <br />(.JD <br />1Wbw NEBRASKA DEED OF TRUST, SECURITY AGREEMENT <br />Qi1 ® AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) <br />n CJ� <br />G <br />M <br />� n <br />O �1 <br />-, <br />D GJ <br />r— n <br />n <br />Cn <br />7849078 <br />M <br />O (�D <br />N CL <br />CD <br />O_ <br />W � <br />�. <br />O <br />-tea <br />w it <br />N O <br />❑ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERREDTO 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 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'Yneans 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 "); TOGETHERwith 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 />LOT 1, COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION, AN ADDITION TO THE <br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY LOCATED AT 3620 OLD POTASH, GRAND ISLAND, NEBRASKA <br />1714NE ©us Bancorp 2001 B1 Page 1 of 8 10/01 <br />