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200313229
<br />Fractional Lot 4, Block 13, Original Town, now City of Grand Island,
<br />Nebraska, and its complement Fractional Lot 4, Fractional Block 7,
<br />Rollins Addition to the City of Grand Island, Hall County, Nebraska.
<br />Lots 1, 2, 3,5,6,7 and 8, Block 13, Original Town of Grand Island, Hall
<br />County, Nebraska.
<br />All that part of the alley (now vacated) in Block 13, Original Town, now
<br />City of Grand Island, Hall County, Nebraska, lying between the
<br />Easterly line of vacated Cleburn Street and the Westerly line of Elm
<br />Street.
<br />together with the following, whether existing now or hereafter entered into or acquired by Trustor:
<br />a. All rents, profits, royalties, issues, avails, income, and other benefits
<br />derived from the Property or any portion thereof, including, without
<br />limitation, all security deposits or advance rent paid to, or held by or
<br />for Trustor (the "Rents ") and all proceeds from insurance;
<br />b. All leases or subleases and occupancy agreements covering the
<br />Property or any portion thereof, together with any extensions,
<br />renewals, and modifications thereof, and all right, title, and interest
<br />of Trustor thereunder (the "Leases ");
<br />C. All interests, estate, or other claims, both in law and in equity, in the
<br />Property or any portion thereof, including all homestead or marital
<br />rights, if any, which interests are hereby released and waived in favor
<br />of Beneficiary;
<br />d. All easements, rights -of -way, tenements, hereditaments and
<br />appurtenances of and to the Property or any portion thereof;
<br />e. All oil and gas rights and profits, water rights, and water stock of
<br />Trustor with respect to the Property or any portion thereof;
<br />f. All right, title, and interest of Trustor in and to any land lying within
<br />the right -of -way of any street, passageway, or highway adjoining the
<br />Property or any portion thereof;
<br />g. All right, title, and interest of Trustor in and to any and all private
<br />roads, alleys and strips and gores of land adjacent to or used in
<br />connection with the Property or any portion thereof;
<br />h. All right, title, and interest of Trustor in and to any and all buildings,
<br />fixtures, improvements, and appurtenances now or hereafter erected
<br />on or affixed to the Property or belonging thereto (the "Improve-
<br />ments"); and
<br />Any and all awards made for the taking by eminent domain,
<br />condemnation, or by any proceeding or purchase in lieu thereof, of
<br />the whole or any part of the Property, including, without limitation, any
<br />award resulting from a change of grade of streets or for severance
<br />damages (all of the foregoing conveyed to Trustee herein collectively
<br />referred to as the "Trust Estate ").
<br />In addition, Trustor hereby bargains, sells, grants, conveys, transfers, and assigns to
<br />Beneficiary under the Nebraska Uniform Commercial Code (the "UCC ") a security interest in and
<br />to all of Trustor's fixtures, improvements, and other property affixed to or erected on the Trust Estate,
<br />including, without limitation, all heating, plumbing, air - conditioning, wiring, appliances, furniture,
<br />lighting, and other equipment, to the extent to which such property constitutes personal property
<br />under Governing Law, together with all increases, replacements, refurbishments, improvements,
<br />additions, and substitutions therefor, all products, present and future accessions, and cash and
<br />noncash proceeds, including contract rights, therefrom, and all after - acquired property with respect
<br />thereto. This Trust Deed shall be construed as a security agreement under the UCC, and Beneficiary
<br />shall have all rights and remedies of a secured party under the UCC in addition to the rights and
<br />remedies accorded to Beneficiary pursuant to this Trust Deed.
<br />L0553199.1 -2-
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