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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 b~. <br />NEBRASKA CONSTRUCTION LIEN ACT. ~; <br />-...I <br />Thi~ t'Jebraske. Deed of Tru~t, Sec'Jrity A.2reement and As~ignment of Rents ar'1d LeC\se~ (InclL!d!n~J Fixture Filing Uncler 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 ~_ElAl{I< N. A. .. .. . __, having <br />a mailing address at 300CI'rY CENTER.. OSUKOSH. 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 /> <br />, . <br /> <br />;0 <br />m <br />"T1 <br />c: <br />QnE <br />rn)>!{J <br />ncn <br />~:J: <br /> <br />-t: <br />() <br />U\ <br />() <br /> <br />" <br /> <br />Q~ <br />m en <br />n:J: <br />.", <br /> <br /> ;,.'....,~ <br /> (::~:':":,:','t ('") (f) <br /> ~:~":':::. <br /> ,-../ C",., 0 -~ <::) <br /> ....."'\1", C l;>o N <br />:::c \ c,~~ Z -l <br />,.." Z -j n1 0 <br />(,.-, -< 0 <br />0 N 0 " c:> <br />-., w -., <br /> h[ ....... Ul <br />C::> , ," ~".., r"r1 <br />fTl f\ :, \J >>- co c:> <br />m ::3 r- AI <br />e'I e I ~ Ul <br />IV> en <br /> ~ /""V ;:0:: 0) <br /> 1>- --.J <br /> /""V ............... <br /> 0) en en <br /> Ul <br /> <br />"\. t .I:. i.. ~.,,-;........ <br />. ~=:;:.",== <br /> <br />'JJ <br />(b <br />.- <br />(j) <br /> <br />N <br />CSl <br />CSl <br />~ <br />01 <br />(j) <br />-.....j <br />en <br /> <br />RE..RECORDED <br />200609004 <br /> <br />CORRECTED <br /> <br />..Jank <br /> <br />.......... Fz't1:$t.*t~tl'~G~ @ <br /> <br />7378490137 <br /> <br />ARTICLE I. CONVEY ANCE/MORTGAGED PROPERTY <br /> <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 />enumer<:it(3dQerein 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 t') 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 />I <br />~ <br />i <br />i <br />~ <br /> <br />BRODSKY INDUSTRIAL EMPIRE SUB LOT 1, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA <br /> <br />. , <br />PROPERTY LOCATED AT 1919 E 4TH ST, GRAND ISLAND, HALL COUNTY, NE 68801-3007 <br /> <br />1714NE @usbancorp2001 G1 <br /> <br />Page 1 of 8 <br /> <br />iJ~'-ftfuoo~~_! ft <br /> <br />6/03 <br />