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ARTICLE I. CONVEYANCE /MORTGAGED PROPERTY <br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in hand paid by the <br />Trustee to the Trustor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has <br />bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and <br />assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the <br />Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of <br />the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the <br />Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or <br />other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's <br />acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically <br />enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan Documents "). The parties <br />further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Property which are <br />subject to Article 9 of the Uniform Commercial Cade. <br />1.2 "Property'Imeans all of the following, whether now owned or existing or hereafteracquired by the Trustor, wherever located: <br />all the real estatedescribed below or in ExhibitA attached hereto (the "Land "), together with all buildings, structures, standing timber, <br />timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, <br />contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter <br />constructed, affixed or located thereon (the "Improvements") (the Land and the Improvements collectively the "Premises "); <br />TOGETHER with any and all easements, rights -of -way, licenses, privileges, and appurtenances thereto, and any and all leases or <br />other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security <br />deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents "); all awards as a result of condemnation, <br />eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. <br />The Land is described as follows (or in Exhibit A hereto if the description does not appear below): <br />LOT TWENTY (20), IN WESTWOOD PARK SEVENTH SUBDIVISION TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY LOCATED AT: 4027 SANDALWOOD AVENUE, GRAND ISLAND, NE 68803 <br />1714NE ©us bancorp 2001 B1 Page 1 of 8 6/03 <br />NJ <br />Cri <br />n ran cn '' r` <br />--< <br />c' ° <br />Cn <br />1 <br />N <br />Z-3 <br />ice- �Tl <br />V tz <br />Co <br />cri <br />rr� <br />C/) !� <br />N <br />Wbanic- NEBRASKA DEED OF TRUST, SECURITY AGREEMENT <br />1735040725 <br />AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)C <br />0 If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERREDTO IN THE <br />NEBRASKA CONSTRUCTION LIEN ACT. <br />This Nebraska Deed of Trust, Security Agreement and Assignment of Rents and Leases (Including Fixture Filing Under Uniform <br />Commercial Code) ( "Deed of Trust ") is made and entered into by the undersigned borrower(s), guarantor(s) and /or other <br />obligor(s) /pledgor(s) (collectively the " Trustot") in favor of U. S. BANK N. A. <br />__ , having <br />_. -.... <br />a mailing address at 4.00 . -CITY CENTER, _..OSHKOSH, WI 5499.7_ _ <br />(the "Trustee "), for the <br />benefit of U. S . BANK N.A. _.._ (the "Beneficiary'), effective as of the date set forth below. <br />ARTICLE I. CONVEYANCE /MORTGAGED PROPERTY <br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF FIVE DOLLARS ($5.00) cash in hand paid by the <br />Trustee to the Trustor, and the financial accommodations from the Beneficiary to the Trustor as described below, the Trustor has <br />bargained, sold, conveyed and confirmed, and hereby bargains, sells, conveys and confirms, unto Trustee, its successors and <br />assigns, IN TRUST, WITH POWER OF SALE, for the benefit of the Beneficiary, the Property (defined below) to secure all of the <br />Trustor's Obligations (defined below) to the Beneficiary. The intent of the parties hereto is that the Property secures all Obligations of <br />the Trustor to the Beneficiary, whether now or hereafter existing, between the Trustor and the Beneficiary or in favor of the <br />Beneficiary, including, without limitation, any note, any loan or security agreement, any lease, any other mortgage, deed of trust or <br />other pledge of an interest in real or personal property, any guaranty, any letter of credit or reimbursement agreement or banker's <br />acceptance, any agreement for any other services or credit extended by the Beneficiary to the Trustor even though not specifically <br />enumerated herein and any other agreement with the Beneficiary (together and individually, the "Loan Documents "). The parties <br />further intend that this Deed of Trust shall operate as a security agreement with respect to those portions of the Property which are <br />subject to Article 9 of the Uniform Commercial Cade. <br />1.2 "Property'Imeans all of the following, whether now owned or existing or hereafteracquired by the Trustor, wherever located: <br />all the real estatedescribed below or in ExhibitA attached hereto (the "Land "), together with all buildings, structures, standing timber, <br />timber to be cut, fixtures, equipment, inventory and furnishings used in connection with the Land and improvements; all materials, <br />contracts, drawings and personal property relating to any construction on the Land; and all other improvements now or hereafter <br />constructed, affixed or located thereon (the "Improvements") (the Land and the Improvements collectively the "Premises "); <br />TOGETHER with any and all easements, rights -of -way, licenses, privileges, and appurtenances thereto, and any and all leases or <br />other agreements for the use or occupancy of the Premises, all the rents, issues, profits or any proceeds therefrom and all security <br />deposits and any guaranty of a tenant's obligations thereunder (collectively the "Rents "); all awards as a result of condemnation, <br />eminent domain or other decrease in value of the Premises and all insurance and other proceeds of the Premises. <br />The Land is described as follows (or in Exhibit A hereto if the description does not appear below): <br />LOT TWENTY (20), IN WESTWOOD PARK SEVENTH SUBDIVISION TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY LOCATED AT: 4027 SANDALWOOD AVENUE, GRAND ISLAND, NE 68803 <br />1714NE ©us bancorp 2001 B1 Page 1 of 8 6/03 <br />