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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) ?1:J , So <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. <br /> <br /> ~ n ~ i. : j' <br /> U\aJ's:.~ X , <br /> -n m (II r-.... <br /> .t: t-- U\ + c: n :t c:..> ("") (j) <br /> <:::::> <br /> -1)::S- en n Z A ~:l- ~ 0--.4 <br /> o~t::i:lu) ~ C c:: )> <br /> ~ ~ ~ ~ ~ :c ,- Z-"1 <br /> m ~ ;n ~ " = --.4m <br />N .1 ;:r- (iii ~.- n (I) rTl ).. :z -<0 <br />IS '" ::a: <.""") ~- <br />IS ...0 ~ L. 0'\-- ...... O"'T1 <br />-.J -"1 C> "'T1Z <br />IS -C/-...jGo;:1 Cl li ::r: TT1 <br />IS "'0 -J (Tl .\ ::0 :t> CD <br /> ~ .~ <br />N (Tl l :3 r :::0 <br />0J 0:.::0 r :t> <br />-.J (n ....... (j) <br /> ...... ^ <br /> J> <br /> C> ---......... <br /> N (j) <br /> (j) <br /> <br /> <br /> <br />- ~~.,~@ <br /> <br />30 6479160138 <br />~?S 7.1. .0'" (.::':.:::; <br /> <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 CI'1'..~~N'1'.~~SHKOSH. WI 54901 ___..._.._..._.__~ (the "Trustee"), for the <br />benefit of ___TJ..S__,..J:l.,ANK N. A..______,..___~__ (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 Exhibit A 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 />Replat of Lot Eight (8), Grand Island Mall Eight subdivision, in the <br />City of Grand Island, Hall County, Nebraska. <br /> <br />. <br />Property Located At: 2004 N Webb Rd, Grand Island, NE 68803 <br /> <br />1714NE @usbancorp2001 61\10.56 <br /> <br />Page 1 of 6 <br /> <br />C) ~ <br />N <br />a it <br />c:::I ar <br />-.,J <br />a 3' <br />c::> g <br />rv ~ <br />w <br />--J ..... <br /> Z <br /> ~ <br /> <br />6/03 <br />