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<br />Recording Requested By,
<br />And when recorded return to:
<br />WELLS FARGO BANK,
<br />ASSOCIATION
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<br />85 CSeavela d, 2nd Floor
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<br />Attention: Loan Documentation
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<br />200209147
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<br />DEED OF TRUST C
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust ") is executed as of August 15, 2002, by Three
<br />Circle I, Inc. ( "Trustor "), to WELLS FARGO FINANCIAL NATIONAL BANK ( "Trustee "), for the benefit of WELLS
<br />FARGO BANK, NATIONAL ASSOCIATION ( "Beneficiary ").
<br />ARTICLE I. GRANT IN TRUST
<br />1.01 Grant. For the purposes and upon the terms and conditions in this Deed of Trust, Trustor irrevocably
<br />grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of
<br />entry and possession, Trustor's interest in: (a) all real property located in Hall County, Nebraska, and
<br />described on Exhibit A attached hereto; (b) all easements, rights -of -way and rights used in connection with or
<br />as a means of access to any portion of said real property; (c) all tenements, hereditaments and appurtenances
<br />thereof and thereto; (d) all right, title and interest of Trustor, now owned or hereafter acquired, in and to any
<br />land lying within the right -of -way of any street, open or proposed, adjoining said real property, and any and all
<br />sidewalks, alleys and strips and gores of land adjacent to or used in connection with said real property; le) all
<br />buildings, improvements and landscaping now or hereafter erected or located on said real property; (f) all
<br />development rights, governmental or quasi - governmental licenses, permits or approvals, zoning rights and
<br />other similar rights or interests which relate to the development, use or operation of, or that benefit or are
<br />appurtenant to, said real property; (g) all mineral rights, oil and gas rights, air rights, water or water rights,
<br />including without limitation, all wells, canals, ditches and reservoirs of any nature and all rights thereto,
<br />appurtenant to or associated with said real property, whether decreed or undecreed, tributary or non - tributary,
<br />surface or underground, appropriated or unappropriated, and all shares of stock in any water, canal, ditch or
<br />reservoir company, and all well permits, water service contracts, drainage rights and other evidences of any
<br />such rights; and (h) all interest or estate which Trustor now has or may hereafter acquire in said real property
<br />and all additions and accretions thereto, and all awards or payments made for the taking of all or any portion
<br />of said real property by eminent domain or any proceeding or purchase in lieu thereof, or any damage to any
<br />portion of said real property (collectively, the "Subject Property "). The listing of specific rights or property
<br />shall not be interpreted as a limitation of general terms.
<br />1.02 Address. The address of the Subject Property (if known) is: 1201 South Locust Street, Grand Island,
<br />NE 68801. Neither the failure to designate an address nor any inaccuracy in the address designated shall
<br />affect the validity or priority of the lien of this Deed of Trust on the Subject Property as described on Exhibit
<br />A. In the event of any conflict between the provisions of Exhibit A and said address, Exhibit A shall control.
<br />ARTICLE II. OBLIGATIONS SECURED
<br />2.01 Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the following
<br />obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations "):
<br />(a) payment to Beneficiary of all sums at any time owing and performance of all other obligations arising
<br />DEED OF TRUST With Assignment of Rents (05/01)
<br />07264,#7787507270
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