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<br />~~ ~ a <br /> O ~ ~ <br />~ <br />~ ~ <br />~' x 7r C <br />~ ~ <br />~ . ~ <br />~ <br />~ ~ <br />j ~ <br />N ~~ <br />~~ ~ <br />~ <br />~~ `p <br /> <br />" <br />~...~ <br />r~~ <br />~~ .~ <br />~ <br />r.~~ `~. <br /> <br /> ra ~ <br />~ ~ <br /> o <br /> <br /> Z ~ r ' <br /> :n <br />~ Cw ~ ~ 1 <br />fl <br /> ~ `n - ~ ° <br />n ~ ' Q ° cn <br /> <br /> ~~ ~ <br /> m -~ Tr c~ G7 <br /> <br />~. rn <br />c~ ~ r <br />r- ~ <br />C_1'1 <br /> C <br /> ~ F--' ~ C~ u <br /> <br />~ f <br />rl <br /> <br />rV <br />'--' ~ ~ <br /> GJ'1 ~ f1? Z <br /> <br />a.Z~j/ 7'378511551 <br />NEBRASKA DEED OF TRUST, SECURITY AGREEMENT oo Q~34 a ~~ ,S~ <br />~^^~~ AND ASSIGNMENT OF RENTS AND LEASES <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) ~'S <br />^ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT"AS REFERREDTO IN THE <br />NEBRASKA CONSTRUCTION LIEN ACT. <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 4 I W (the 'Trustee"),for the <br />benefit of U. S . BANK N. A. (the "Beneficiary'), effective as of the date set forth below. <br />ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY <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 />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 />1.2 "Property'rneans all of the following, whether now owned or existing or hereafteracquired by the Trustor, whereverlocated: <br />ull the rea! estate described below or in ExttibitA 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 "Improvementg') (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 />The Land is described as follows (ar in Exhibit A hereto if the description does not appear below): <br />Lot One (1), in Block "A" in Boehm's Subdivision of Lot Sixteen (16), <br />of the County Subdivision of the South Half of the Southeast Quarter <br />(Sl/2SE1/4) of Section Sixteen (l6), in Township (11.) North, Range <br />Nine (9) Weat of the 6th P.M., and part of the Northwest Quarter <br />of the Northeast Quarter (NWl/4NE1/4) of Section Twenty-One (21) in <br />Township Eleven (l1) North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nebraska <br />Property located at: 903-905 W Charles St, Grand Island, NE 68801 <br />1714NE ®us Bancorp 2pp1 g1 y/ Page 1 Of 8 6/03 <br />