<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 />
|