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<br />NEBRASKA DEED OF TRUST, SECURITY AGREEMENT
<br />AND ASSIGNMENT OF RENTS AND LEASES
<br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE)
<br />
<br />D If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT" AS REFERRED TO IN THE
<br />NEBRASKA CONSTRUCTION LIEN ACT.
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<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 "Trustor') in favor of. u" S" BANK N" A".... , having
<br />a mailing address at 400 CITY CJ!:NTER. OSHKOSH...WI 54901 (the "Trustee"),forthe
<br />benefit of u. S. BANI{.N.~. ."._ (the "Beneficiary'), effective as of the date set forth below.
<br />
<br />ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY
<br />
<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 Code.
<br />
<br />1.2 "Property"means all of the following, whether now owned or existing or hereafter acquired by the Trustor, wherever located:
<br />all the real estate described 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 />
<br />The Land is described as follows (or in Exhibit A hereto if the description does not appear below):
<br />
<br />See Attached Exhibit A
<br />
<br />1714NE @us bancorp 2001 61
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