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<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />This Deed a( Trust, Security Agreement and Fixture financing Statement / "Deed of Trust' /is made 03/25/2002 by and
<br />between RSF Limited Partnership, Timothy R. Harris and Kristine L.
<br />/the "Trustor ") afnl Limited Partnership, Husband and Wife
<br />Wells Fargo. nank_Nebraska, N.A.
<br />[the "Trustee 'd a national banking association, and
<br />Wells Fargo Bank Nebraska, N.A. ,
<br />(the "Beneficiary "), a national banking association. W/TNESSETH:
<br />IF THIS BOX IS CHECKED lid THIS DEED OF TRUST CONsrn UTES 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 exec ✓tad end delivered io Beneficiary a promissory note in Me principal sum of
<br />Three H13ndred Thirty -Four Thomcand Fime- Hundred_ and... 0. /100___
<br />Dollars l$ aai �sno on 1, dared /pg /vnn� 2 ,payable to the order of Beneficiary and having a maturity of
<br />,h/" /2Cn4 , together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, su r,unreart, and renewals thereof thereinafter the "Note").
<br />[the "Borrower "l, has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time appN to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />❑ if this box is checked, Trustor 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 intoned, and whether it is or may be direct or indirect, due or to became
<br />due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br />Cl If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Borrower to Beneficiary evidenced by or arising out of the following:
<br />and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and
<br />collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of even data herewith.
<br />Trust" she // also pay all other sums, fees or charges, together with interest thereon, advanced to pioneer the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Truster, whether or not set forth herein and perform, discharge and comply with
<br />every term, covenant, obligation and agreement of Treated contained herein or incorporated by reference lTrustoi s obligations under the
<br />Nate ar the Guaranty, as applicable, and all such ether sums are hereinafter collectively referred to as the 'Obligations "l,
<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 descr/bed property located /n the County of
<br />_Hall..____— ___— , State of Nebraska:
<br />See Exhibit "A"
<br />SUBJECT T0: easements and restrictions of record, and:
<br />together with lit ad buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br />located thereon, oil all equipment, machinery and fixtures !including, without limitation, all lighting, haring, vantilating, cooling, air
<br />cone itloning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and memos, refn'gemtion plants or units, communication systems, dynamos, transformers,
<br />electrical equipment storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building
<br />improvement or improvement now or hereafter located thereon, On) all easements and rights of way appurtenant thereto, /ivl all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into finduding, without limitation,
<br />ell cash end security deposits, advance renters and deposits or payments of a similar nature!, pertaining thereto, !v) a// rents, issues, grafts
<br />and income therefrom (subject to the right of Truster to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), (vii all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br />water stock, pon all tenements. hereddements, privileges and appurtenances belonging, used or enjoyed in connection therewith, and tvlgl all
<br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims fincreang, without limitation,
<br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property."
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Tide. Truster covenants, warrants and agrees with Beneficiary, its successors and assigns, that Tractor owns the Trust Property (subject
<br />to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enfomeable lien on the Trust
<br />Property, that Truster, at its expense, will preserve such title and will maintain this Deed of Trust as a lien open the Fnaf Property and war
<br />forever warrant and defend the validity and priority of the ben hereof against the claims of all persons and parties whomsoever. Trusmp at its
<br />expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and iii such place and will take such action as in the opinion of Tmstee may be required by any present or future
<br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time
<br />Trustor will make such further assurance or assurances to perfect its tide to the Trust Property as may be required by Beneficiary. Truster
<br />hereby relinquishes all right a dower and homestead in and to the Trust Property. Page 1 of 5
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<br />200203343
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<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />This Deed a( Trust, Security Agreement and Fixture financing Statement / "Deed of Trust' /is made 03/25/2002 by and
<br />between RSF Limited Partnership, Timothy R. Harris and Kristine L.
<br />/the "Trustor ") afnl Limited Partnership, Husband and Wife
<br />Wells Fargo. nank_Nebraska, N.A.
<br />[the "Trustee 'd a national banking association, and
<br />Wells Fargo Bank Nebraska, N.A. ,
<br />(the "Beneficiary "), a national banking association. W/TNESSETH:
<br />IF THIS BOX IS CHECKED lid THIS DEED OF TRUST CONsrn UTES 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 exec ✓tad end delivered io Beneficiary a promissory note in Me principal sum of
<br />Three H13ndred Thirty -Four Thomcand Fime- Hundred_ and... 0. /100___
<br />Dollars l$ aai �sno on 1, dared /pg /vnn� 2 ,payable to the order of Beneficiary and having a maturity of
<br />,h/" /2Cn4 , together with interest thereon, late charges, prepayment penalties, any future advances, and all
<br />extensions, modifications, su r,unreart, and renewals thereof thereinafter the "Note").
<br />[the "Borrower "l, has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time appN to Beneficiary for additional loans, letters of credit and other financial accommodations, and to induce Beneficiary
<br />to provide financial accommodations to Borrower:
<br />❑ if this box is checked, Trustor 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 intoned, and whether it is or may be direct or indirect, due or to became
<br />due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br />Cl If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Borrower to Beneficiary evidenced by or arising out of the following:
<br />and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and
<br />collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of even data herewith.
<br />Trust" she // also pay all other sums, fees or charges, together with interest thereon, advanced to pioneer the security of this Deed of Trust
<br />and the performance of the covenants and agreements of Truster, whether or not set forth herein and perform, discharge and comply with
<br />every term, covenant, obligation and agreement of Treated contained herein or incorporated by reference lTrustoi s obligations under the
<br />Nate ar the Guaranty, as applicable, and all such ether sums are hereinafter collectively referred to as the 'Obligations "l,
<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 descr/bed property located /n the County of
<br />_Hall..____— ___— , State of Nebraska:
<br />See Exhibit "A"
<br />SUBJECT T0: easements and restrictions of record, and:
<br />together with lit ad buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br />located thereon, oil all equipment, machinery and fixtures !including, without limitation, all lighting, haring, vantilating, cooling, air
<br />cone itloning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br />carpeting, furnaces, oil burners, elevators and memos, refn'gemtion plants or units, communication systems, dynamos, transformers,
<br />electrical equipment storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building
<br />improvement or improvement now or hereafter located thereon, On) all easements and rights of way appurtenant thereto, /ivl all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into finduding, without limitation,
<br />ell cash end security deposits, advance renters and deposits or payments of a similar nature!, pertaining thereto, !v) a// rents, issues, grafts
<br />and income therefrom (subject to the right of Truster to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunder), (vii all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br />water stock, pon all tenements. hereddements, privileges and appurtenances belonging, used or enjoyed in connection therewith, and tvlgl all
<br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims fincreang, without limitation,
<br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property."
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Tide. Truster covenants, warrants and agrees with Beneficiary, its successors and assigns, that Tractor owns the Trust Property (subject
<br />to any land sale contract described above) and has the right to convey the Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enfomeable lien on the Trust
<br />Property, that Truster, at its expense, will preserve such title and will maintain this Deed of Trust as a lien open the Fnaf Property and war
<br />forever warrant and defend the validity and priority of the ben hereof against the claims of all persons and parties whomsoever. Trusmp at its
<br />expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and iii such place and will take such action as in the opinion of Tmstee may be required by any present or future
<br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time
<br />Trustor will make such further assurance or assurances to perfect its tide to the Trust Property as may be required by Beneficiary. Truster
<br />hereby relinquishes all right a dower and homestead in and to the Trust Property. Page 1 of 5
<br />pup rzvaz la on 11
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