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<br />Deed of Trust, Security Agreement and
<br />Fixture Financing Statement (Nebraska)
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement I "Deed of Trust 'its made 04/25/2002
<br />byroad
<br />�I
<br />between James E Dean & James E Dean Revocable Living Trust
<br />1j\
<br />O
<br />( the "Trusror ") and Individual (a) and a Trust
<br />Wells Fargo Bank Nebraska. N.A.
<br />(her ' fustee"), s nebonal banking association, and
<br />Wells Fargo Bank Nebraska, N,A.
<br />,
<br />fdre " Beneficiary "]. amerna albanim,assocradon. WITNESSETH:
<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 />WHEREAS, CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW,
<br />VJ "fors, has executed and delivered to Boost..... a promissory note in the principal sum of
<br />Dollarsl5 370, 355 .65 1. dated 04 Z25 22002 . payable to the order of Beneficiary and having a
<br />maturity of
<br />05 1nl /201 , together with interest thereon, late charges, prepayment penalties, any future advances, and
<br />all
<br />extensions, modifications, substitutions and rang wels thereof (hereinafter the "Note ").
<br />!fl a 'Borrower "1, has applied to Benehclery for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Reneb'cag, for additional Inane, rewire of Wadi( and ocher financier accommodations, and to induce Beneficiary
<br />to p,..d, financial acoommo ourso, to Borrower:
<br />❑ If this box is checked, Luster has guaranteed to Be..fciary the payment and performance of each and every debp liability and
<br />obligation of every type and description which Borrower may now or el any time hereafter owe Is Beneficiary (whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is of may be direct or sceptic due or to become
<br />due, absolute or con deposit, primary or secondary, thousand or unliquidared, or joint, several or joint and severall,
<br />❑ if this box is checked Luster has g..... ,ed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br />Borrower to Banefrbiary evidenced b y or ariveg out of tM1e lullowiny:
<br />and any extensions, renewals or replacements thereof, together with accrued interest thereon and related casts of enforcement and
<br />collection expenses, pursuant to a Guaranty (hereinafter the "Guaranty ") of oven date herewith.
<br />Trusror she// ale. pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br />and No "thmo mY or her covenants end agreements of Tmstor, whether or not set forth herein and perform, discharge and comply with
<br />every term, covenant, obligation and agreement of Trusror contained herein or incorporated by reference [Truster's obligations under the
<br />Not, or the Guaranty, as aphis able, and all such empr.aums are hereinafter coffecri ng, referred ro 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 in Trustee, in bust, WITH POWER OF SALE, the following described property located in the County of
<br />ill___ ___ _._ _ _ _ , Stets of Nableake:
<br />Lot 14, Amick Acres East, Hall County, Nebraska
<br />SUB✓ECI 10: easernen is and rasoictians of round, old,
<br />with Ill all buildings, stmcmres, atld9aver, itmarg urrinrs, modibcnorm, repairs, rewhemenceir, and improvements new or hereafter
<br />thereon, fill all equipment, machinery and hktures fmod rig, without laurelled, all lighting, heating, inundilm , waling, a
<br />rung, sprinkling and plumbing fixtures, water and power systems, engines. boilers, ranges, ovens, dishwashers, marropers and men tors,
<br />g, furnaces, oil burners, elevators and motors, merrrgesman plants or units, communication ays hams, dynamos, transformers,
<br />I equipment, storm and screen windows, doors, awnings and shades] now or hereafter attached fm, or built in, any building
<br />e
<br />r or improvement now or hereafter located thereon, (loll all easements and rights of way appurtenant (oppose, Tv) all leasehold
<br />ighl, lido and interest of Luster in and to all leases, whether now or hereafter existing or anhared ins (including, wftho l limitation,
<br />and security deposits, advance rentals and deposits or payments of a similar nature). pertaining thereto, !v) all rents, issues, profits
<br />e sciences (subject to the right of Ties for M collect and apply such rants, issues, profits and income as they become race and
<br />so long as no event of default exists' lo"aunden. !vg all royalties, morme, oil and gas rights and profits, warer, water rrgh ts, and
<br />D6k, (do a// consume, heredihamenra, privileges and appurtenances belonging, used or ensured in connection rherewdh, and (viii) all
<br />proceeds of msurance and condemnation awards), all of which are neremorter collectively the "rrusr r madin'.
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />f. Title. Truman covenants, w ants and agrees with Beneficiary, its successors and assigns, that Trusser owns the Trust Property ( suhject
<br />to any land sale imposer 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 w otherwise listed above, that this Deed or Lust is and will )amain a valid and enforceable lien on the Trust
<br />Property that Truster, at its expense, will Ties .... ... h title and will maintain this Deed of Trust as a Ilan upon the Trust Property and will
<br />forever warrant and defend the validity and priority of the lien forest against the onion, of all persons and parties whomsoever. Trusmq at its
<br />expense, will cause this Deed of Trus,, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and m such place and will take surf scli er as in the opinion of Trustee maybe required by any presenr or future
<br />law in order to perfect, maintain antl protect the lien mines Dead of Trust. as the same may be amended or supplemented from time m time.
<br />Trustr will make such further assurance or assurances to perfect its title to file Trust Property as may be required by Beneficiary. Truster
<br />bdmby relingoishaa all right of dower and homestead In and to the Trust Propene, Page 1 015
<br />Lee 12Y1313 06320]7)
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