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M C7 I on �, ry o ti o rrt n x rv8 ^: 2 D p M When recorded return to CN r TlerOnc Bank r n Va Attr: Commercial Lending Admin_ 1235 "N Street o ° m Lincoln, NF. 68508 `' o DEED OF TRUST AND SECURITY AGREEMENT Loan No. 01- 10176952 THIS DEED OF TRUST AND SECURITY AGREEMENT (the "Deed of Foust") is made this 13th day of May, 2002, among the Truster, OMAHA PAPER STOCK COMPANY, INC., a Nebraska corporation (herein "Borrowc, "), 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, translcrs. 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 Counties of Douglas and Hall, State of Nebraska_ (Sec Exhibit "A" attached hereto and incorporated herein by this reference,) which has the address of 1401 Laird Street, Omaha, Nebraska and 1215 East Highway 30, Urand Island, Nebraska (herein "Property Address"); TOGETHER WITH all improvements now or hereafter erected on such property, and all easements, rights, appurtenances, rents (subject, howccer, to the rights and authorities given herein to Lender to collect and apply such runts)_ 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 propertv, all of which, including replacements and additions thereto, shall be deemed to he and renhain 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 Decd of Trust dated of cvcn date herewith (herein "Note') in the principal Sum of FOUR HUNDRED THIRTY FIVE THOUSAND AND NO /100 DOLLARS ($435,000.00) (the Principal ") with Interest (as defined in the Note) thereon, providing for monthly Installments of Principal mid Interest, with the balance of the indebtedness. if not sooner paid, due and payable on June 1, 2012 (the "Maturity Date'): the paynwnt of all sums, onli interest thereon, advanced in accordance herewith to protect the real and personal property covered by this Decd of Trust, and the pedia nanee 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 generallv the title to the Property against all claims and demands, subject to any declarations, casements or restrictions listed in a schedule of exceptions- to coverage in any title insmance policy insuring Lender's interest in the Property and otherwise reasonably acceptable to Lender. Borrower and Lender covenant and agree as follows. I. PAYMENT OF PRINCIPAL AND INTEREST_ Borrower shall promptly pay when due the Principal of mid Interest on the indebtedness evidenced by the Note, and all prepayment and late charges as provided in the Note or in this Deed of Trust 2. FUNDS FOR TAXES AN D I NSII RANCE_ Subject to applicable law or to a written waiver by Lender, Borrower shall pay' to Lender on cash Due Date under the Note, until the Note is paid in full_ a M Mq�E k9 HA