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GRAND ISLAND, ASE <br />DEED OF TRUST AND ASSIGNMENT OF RENTS <br />CONSTRUCTION SECURITY AGREEMENT <br />(Only I{pboalde If checked) <br />Fars P'tN� of rr�.t'q ^y mom. as a the ��y of Sept< 1 ®$ � ay and wfaep <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, convoys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the <br />beoeRt and 1 unity of Baeflolay, caber and subject to the terms and conditions of this Deed of Trust, the real property, located In the County of <br />State of Nebraska, and described as follows (the "Real Estate'): <br />See Exhibit "A" attached hereto and incorporated <br />by reference herein. <br />TOGETHER WITH, all buildings, fixtures and improvements upon the Real Estate, whether now or hereafter existing, all rightsobway, onsemsnls, <br />rents, Issues, profits, Income, leesas, tenements, heredllamants, privileges and appurtenances belonging, used or enjoyed in connection, with the PAW <br />Estate, or any party thereof (subject, however, to be the right, power and authority of Trustor to collect and apply such rents, issues, profits and income <br />as they become due seed payable, so long as no default exists hereunder) and all proceeds of conversion, voluntary or involuntary, of any of the forogotng <br />hHO ash or liquidated claims, including without limitation, proceeds of insurance and condemnation awards, sit of which calectivoly Is hereunder <br />referred to 08 the "Trust Estate." <br />FOR THE PURPOSE OF SECURING: <br />(a) PaynNM IM} ed 1 t princialancuntof Three Million Six Hundred Thousand <br />Dollars (S 3.0�'b .8 `8.'b with Interest IMreon, as evidenced by that certain promissory note of awn date herewith (the "Note'l ii K_ <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by <br />this reference Is made a pert of this Deed of Trust. <br />() Payment of all sums advanced by BensNclary to protect the Trust Estate, with Interest thereon at the default rate provided In the Note. <br />(c) Payment of any other past or future Indebtedness of Trustor to Beneficiary. Including any and all loan or lines of credit, whether saw hoop W <br />sines of credit we due In Installment$, periodically, on a revolving basis, or in a lump sum, and whether satd irons or lines of credit result from <br />direct disbursement, averdrett, continuing commitment to loan, or any other lxsla. (THIS PARAGRAPH SHALL NOT. CONSTITUTE NOR <br />OTHERWISE BE CONSTRUED AS A COMMITMENT TO MAKE ADDITIONAL LOANS OF ANY KIND OR IN ANY AMOUNT.) <br />This Dead of Treat, the Note, and any other instrument given to evidence Or further secure the payment and Wormanee of any peat, current or <br />Iuture obligations secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT Of HANSTEDN988. Trustor shalt pay when due the principal of, and the Interest on, the indebtedness evidenced by the Loan In. <br />WUmsnts, and ON other charges, foes and all other sums as provided in the Loan Instruments. All payments received by Beneficiary as to any in. <br />daittedn"s or as to army other debt liability or obligation owed to Beneficiary by Trustor may be applied by Beneficiary to the payment of the Note or to <br />any such other dabt, liability or obligation, in any order or manner of application which Beneficiary, in its absolute discretion, deems appropriate. UMns <br />otherwise eNcted by Beneficiary, any such payment shall be deemed applied first to the payment of any debt, liability or ligation otter that the Note. <br />2. TAXE1 AND ASBESSMVff& Trustor shall pay each Installment of all taxes and special assessments of every kind, now or hereafter levied against <br />the Trust Estate or any pat theraof, before delinquency, without notice or demand, and shall provide Beneficiary with evidence of the payment of sans <br />within tat 0M days of such delinquency date. Trustor shall pay all taxes and assessments which may be levied upon Trustee's or Beneficiary's Interest <br />herein or upon this Deed of Trust or the debt secured hereby, without regard to any law that may be enacted Imposing payment of the whole or any pat <br />thereof upon the BereNciay. <br />3. WOLqtA#CL Truster, at its expense, will maintain with insurers approved by Beneficiary insurance with respect to the Improvements and per - <br />senat property co etituting the Trust Estate sgafnst loss by fire, lightning, and other perils covered by the standard all risk endorsement, In an amount <br />e*04 to at Meet 100% of the full replacement value thereof, with no deduction for depreciation, and shall malniVn insurance against such other <br />heterde and In such amount as Is customarily cared by owners and operators of similar properties and as Seneficiay may require for its protection. <br />Trwtor will comply with such Other requirements as Beneficiary may from time to time reasonably request for the protection by insurance of the In- <br />WON of the respective parties. AN Insurance policies maintained pursuant to this Dead of Trust shall name Trustor and Trustee as Insureds, as their <br />rsspeotiw hrnlereats hey appear, and shell provide that there shall be no cancellation or modification without at feast fifteen (15) days prior written <br />nollAcaltim to Trustee and Bsneficiwy. Such Insurance shall contain a standard mortgage clause in favor Of Beneficiary. In the event any policy <br />hmstinder Is not renewed on or before fifteen (15) days prior to Its expiration date, Trustee W Beneficiary may praure such insurance, pay the premiums <br />WW Ovate SUMS SW bs immediafaly due and payable with Interest al Its higher Of the default rate or bass role as provided in the Not* until <br />paid ant shy be secured by this Deed of Trull. All policies of Insurwa, required by this Deed of Trust Shall be dNiverod to and retained by Trustee. <br />FOkO of Trusser to hMrNalh such insurance, or fe ewats as a* M Wfed haSUnda. or failure to ay any sums advanced hereunder shill, at the option of <br />a d~. AN umwned premiums pro hereby "*IWW 10 Trusts* pre 014111100111 security and a We and conveyance of the Trust <br />Property by the Trusan shy Operate to convey to the purchaser the Trusto's Interest In and to all pollcl" of Insurance upon the Trust Estate. <br />e. DWHWCMK in one of aye damage to, or dsatruction or lacing Of condstimittlon of the Trust Estate, Including the buildings, Inprovsm*nt , or <br />Part of ate Trust Estate. whether such ion Is soused by Insurance, condemnation proceeds, or otherwise. BoWiclay, <br />owe Be dom to spar airy kewace P1000111111 or other fecovely M114"d Is said 1008 to a reduction In the indebtedness, hereby secured or to re- <br />ar T at Ill sec <br />and acp*mas, to promprry rsatWe, repair, r"W" and rt,ild the same 08 ,Sorry as praetloabte to Its oorditlae y <br />Oft No er or with such change a l * terratiorS a rnniw ad 8en*fkiay mutuality a" uW. p'ovided sutan changes ad <br />N min Ieesere the vale and uliMty, of such krprow*ment* and personality from that existing Hmrw4talNy prim W tuch <br />W . TPA W OW be erglded to reimburesment hem the Trustee to the extent of the not Inewsms proceeds reo-, red by Trustee, not <br />actual lam expended by Treater ur No provision. <br />4. AUMfOiAWX Truster will net commit eryr waste upon the Trust Estate ad will, at off times, maintain the same in good operating Order end can• <br />dwen and wth mate, from time is 0", "NMVM$, o, add"" and improvements which we necessary to such ad. No building <br />M now at here~ *rated upon the Real Estate an$" be altered, moved or demoilshed without the prior written consent of Beneficiary. <br />f" <br />J {j <br />P 1 <br />I <br />