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M <br />T_ . .-I C7 ---i <br />M Ca <br />rV <br />n v a {...- <br />M <br />Co <br />CD <br />cri <br />cry <br />v' CID <br />❑ <br />�� <br />CIO <br />�] Cn <br />1—► r-r <br />z <br />O <br />_ bank NEBRASKA DEED OF TRUST, SECURITY AGREEMENT 7378500323 <br />AND ASSIGNMENT OF RENTS AND LEASES <br />C1. <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) �Vb S <br />6 <br />❑ 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 " Trustoe') in favor of U. S. BANK N.A. , having <br />a mailing address at 400 CITY CENTER, OSHKOSH, WI 54901 (the "Trustee'), for the <br />benefit of U.. S . _ BANK....N..A.. (the "Beneficiary'), effective as of the date set forth below. <br />1.1 Grant of Deed of Trust/Security Interest. IN CONSIDERATIONOF 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 Code. <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 ONE (1), IN BLOCK SIXTY -THREE (63), IN WHEELER AND BENNETT'S SECOND <br />ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br />PROPERTY LOCATED AT: 1216 N OAK ST, GRAND ISLAND, HALL COUNTY, NE 68801 <br />1714NE ©us bancorp 2001 131 Page 1 of 8 6/03 <br />