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<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />p
<br />This Deed of Tnrst, Security Agreement and Fixture Financing Statement !'Deed of TnlsYf is made 01/18/2002
<br />by and
<br />between Diamond G Enterprises L.L.C. and Gene Grayer and Barbara A.
<br />..C?
<br />Graves
<br />line ^Trusror "I alnl Limited Liability Company and Husband_ and Wife
<br />Wells Fargo Bank Nebraska N.A._
<br />(the "Trustee "), a national banking association, and__.
<br />Wells Fargo Bank Nebraska, N.A.
<br />(the "Benehcmry), a national banking essociadon. WITNES'SETH.
<br />IF THIS BOX IS CHECKED ❑ THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />WHEREAS,
<br />® Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of _
<br />T r+ c,j—S mfin,wand and 0(10
<br />0oI 1ars(52,g Linn nn _ /dared nl/1B /ann9 ,payble to the order of Beneficiary and having a maturity of
<br />12 / a n 120a , together with interest thereon, late charges, prepayment penalties, any future advances,
<br />and all
<br />exranakons, modifications, substitutions and renewals thereof (hereinafter the 'Nude ").
<br />(the "BOV .w ), has applied to Bene tom, for one or more loans, /attars of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />fl B (his box is checked, Tractor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br />obligation of every time and description which Borrower may now or at any time hereafter owe to Beneficiary !whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become
<br />due, absolute or contingent, primary or secondary, liquidated or uldidin ated, cruder, several cricket and sio erall,
<br />If this box Is cbacked, Truster has guaranteed to Beneficiary the payment and performance of the debt, fiabi(ry, or obligation of
<br />Borrower to Beneficiary evidenced by or arising out of the following:
<br />and any extensions, renewals orroplocements (hereof, together with accrued interest thereon and related costs of enforcement and
<br />collection expenses, pursuant to a Guaranty, ihedonaRer the 'Guaranty "1 of even dale hareevith.
<br />Truster hall also by all other sums, Tees or charges, together with Interest thereon, advanced to protect the security of this Dead of Trust
<br />and the pedermance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comply with
<br />very term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obl�adons under the
<br />Nate or the Guaranty, as applicable, end all such other sums are hereinafter collectively referred to as the " Obligations ).
<br />NOW, THEREFORE, In consideration of the premises and for the purpose of securing the Obligations, Truster Irrevocably grants
<br />and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in the County of
<br />Hall , State of Nebraska:
<br />See Attached Exhibit "A"
<br />SUBJECTTO. easements end restrmbons of record, and:
<br />TO PROTECT THE SECURITY OF THIS DEED OF
<br />I . Ttle. Trustor covenants.w sots and agrees with
<br />to any land sale contract described above) and bas the
<br />or urebrance except as otherwise listed above, that
<br />Property, that Toaster at its expensa, wall preserve sue
<br />forever ..or and defend the voliddy and prielol of t
<br />expense, will cause this Dead of Trust, and each amen
<br />Property in such manner and in such place and will told
<br />law m order to perfect mamman and protect the lien of
<br />Trustor will make such further assurance or assurance:
<br />hereby relinquishes all right of dower and homestead m
<br />1. "Yee f,3 o"bol l
<br />TRUS TOP CO VENAN)'S AND AGREES AS FOLLOV
<br />ary, its successors and assigns, that Trusror awns
<br />move, the Rust Preplan, that the Trust Pmpe', i
<br />and will maintain n hereof eaalnst the cl Di
<br />at
<br />action as in the opinion o.
<br />geed of Trust us the same
<br />srfam be title to the Tms( I
<br />to the Trust Property.
<br />will
<br />at its
<br />from time to dme.
<br />those, Trustor
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