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200313159
<br />DEED OF TRUST
<br />AND
<br />SECURITY AGREEMENT
<br />AND
<br />FIXTURE FINANCING STATEMENT
<br />WITH
<br />ASSIGNMENT OF LEASES AND RENTS
<br />THIS Indenture ( "Deed of Trust ") is made and delivered as of the 30th day of September,
<br />2003 by EAGLE CREST HOMES, INC., a Nebraska corporation ( "Trustor "), having a mailing
<br />address of 3942 West Old Highway 30, Grand Island, Nebraska 68803, to ROBERT
<br />GONDERINGER, a member of the Nebraska State Bar Association ( "Trustee "), whose post
<br />office address is Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, P.C., 1250
<br />Commercial Federal Tower, 2120 South 72 "d Street, Omaha, Nebraska 68124, for the benefit of
<br />WELLS FARGO BUSINESS CREDIT, INC., a Minnesota corporation ( "Beneficiary"), having a
<br />mailing address of Wells Fargo Center, Sixth Street and Marquette Avenue, Minneapolis,
<br />Minnesota 55479 -0152.
<br />WITNESSETH, that Trustor, in consideration of the Indebtedness (hereinafter described)
<br />and the sums advanced to Trustor in hand paid by Beneficiary, receipt whereof is hereby,
<br />acknowledged, does hereby MORTGAGE, GRANT, BARGAIN, SELL AND CONVEY unto-
<br />Trustee, its successors and assigns, forever, in trust for the benefit of Beneficiary with power of
<br />sale and right of entry and possession, AND GRANTS TO BENEFICIARY A SECURITY
<br />INTEREST IN the following properties now owned or hereafter acquired by Grantor to secure
<br />payment of the Note (as hereinafter defined) and all amounts owing under the Note and any
<br />documents securing the Note (all of the following being hereafter collectively referred to as the
<br />"Premises "):
<br />GRANTING CLAUSE
<br />A
<br />REAL PROPERTY
<br />All the tracts or parcels of real property lying and being in the County of Hall, State of
<br />Nebraska, all as more fully described in Exhibit "A" attached hereto and made a part hereof,
<br />together with all the estates and rights in and to the real property, water, mineral or oil rights and
<br />in and to lands lying in streets, alleys and roads or gores of land adjoining the real property and
<br />all buildings, structures, improvements, fixtures and annexations, access rights, easements, rights
<br />of way or use, servitudes, licenses, tenements, hereditaments and appurtenances now or hereafter
<br />belonging or pertaining to the real property and all proceeds and products derived therefrom
<br />whether now owned or hereafter acquired; and
<br />15311/53;09/30/03
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