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"100055059580018330"
<br />THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust ") is executed as of August 05, 2005, by
<br />LEE'S FAMILY RESTAURANT, INC., . ( "Trustor "), to WELLS FARGO FINANCIAL NATIONAL BANK
<br />( "Trustee "), for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Beneficiary").
<br />ARTICLE I. GRANT IN IBUST
<br />1.1 Grant, For the purposes and upon the terms and conditions in this Deed of Trust, Trustor
<br />irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of
<br />sale and right of entry and possession, Trustor's interest in: (a) all real property located in Hall County,
<br />Nebraska, and described on Exhibit A attached hereto; (b) all easements, rights -of -way and rights used
<br />in connection with or as a means of access to any portion of said real property; (c) all tenements,
<br />hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now
<br />owned or hereafter acquired, in and to any land lying within the right -of -way of any street, open or
<br />proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land
<br />adjacent to or used in connection with said real property; (e) all buildings, improvements and
<br />landscaping now or hereafter erected or located on said real property; (f) all development rights,
<br />governmental or quasi - governmental licenses, permits or approvals, zoning rights and other similar
<br />rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant
<br />to, said real property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including
<br />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
<br />non - tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any
<br />water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights
<br />and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may
<br />hereafter acquire in said real property and all additions and accretions thereto, and all awards or
<br />payments made for the taking of all or any portion of said real property by eminent domain or any
<br />proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively,
<br />the "Subject Property "). The listing of specific rights or property shall not be interpreted as a limitation of
<br />general terms.
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<br />.Recording requested by and when recorded, return to:
<br />Space Above this Line for Recording
<br />WELLS FARGO BANK, NATIONAL ASSOCIATION
<br />Business Lending
<br />3033 Elder Street MAC# U1851 -015
<br />200508354
<br />Boise, IDy 83705
<br />�"
<br />DEED OF TRUST
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />III 111111111111111111111111111111111111111
<br />"100055059580018330"
<br />THIS DEED OF TRUST AND ASSIGNMENT (this "Deed of Trust ") is executed as of August 05, 2005, by
<br />LEE'S FAMILY RESTAURANT, INC., . ( "Trustor "), to WELLS FARGO FINANCIAL NATIONAL BANK
<br />( "Trustee "), for the benefit of WELLS FARGO BANK, NATIONAL ASSOCIATION ( "Beneficiary").
<br />ARTICLE I. GRANT IN IBUST
<br />1.1 Grant, For the purposes and upon the terms and conditions in this Deed of Trust, Trustor
<br />irrevocably grants, conveys and assigns to Trustee, in trust for the benefit of Beneficiary, with power of
<br />sale and right of entry and possession, Trustor's interest in: (a) all real property located in Hall County,
<br />Nebraska, and described on Exhibit A attached hereto; (b) all easements, rights -of -way and rights used
<br />in connection with or as a means of access to any portion of said real property; (c) all tenements,
<br />hereditaments and appurtenances thereof and thereto; (d) all right, title and interest of Trustor, now
<br />owned or hereafter acquired, in and to any land lying within the right -of -way of any street, open or
<br />proposed, adjoining said real property, and any and all sidewalks, alleys and strips and gores of land
<br />adjacent to or used in connection with said real property; (e) all buildings, improvements and
<br />landscaping now or hereafter erected or located on said real property; (f) all development rights,
<br />governmental or quasi - governmental licenses, permits or approvals, zoning rights and other similar
<br />rights or interests which relate to the development, use or operation of, or that benefit or are appurtenant
<br />to, said real property; (g) all mineral rights, oil and gas rights, air rights, water or water rights, including
<br />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
<br />non - tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any
<br />water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights
<br />and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may
<br />hereafter acquire in said real property and all additions and accretions thereto, and all awards or
<br />payments made for the taking of all or any portion of said real property by eminent domain or any
<br />proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively,
<br />the "Subject Property "). The listing of specific rights or property shall not be interpreted as a limitation of
<br />general terms.
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