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�I <br />Z�s <br />09 � <br />�O <br />V) <br />4- <br />n <br />Z <br />n 'T1 <br />J'C <br />M <br />M <br />T <br />C <br />z <br />y <br />N <br />6 <br />M <br />n <br />X <br />6 <br />D <br />N <br />0 <br />r� <br />V <br />DEED OF TRUST <br />M <br />G \� <br />`Tl <br />0 <br />U> > <br />r.a <br />T) <br />rn <br />03 <br />00 <br />'TJ <br />F-' <br />C> U% <br />o --a <br />?{{ m <br />O '*I <br />r' T> <br />U� <br />x <br />D <br />cn <br />U) <br />THIS DEED OF TRUST is made this 9 day of )g/n Lta- tj 20r, , by Shafer Medical <br />Two LLC, a Nebraska Limited Liability Company, whether by one or more (hereinafter called the ( "Trustor "), <br />whose mailing address is 819 Diers Avenue Suite 1, Grand Island, NE, 68803, to Jay B. Judds, Attorney at Law <br />(hereinafter called the "Trustee "), whose mailing address is P.O. Box 820, Grand Island, Nebraska 68802, and <br />DHS Builders, Inc (hereinafter called the "Beneficiary"), whose mailing address is 819 Diers Avenue, Grand <br />Island, Nebraska 68803. <br />WITNESSETH; <br />WHEREAS, Trustor has promised to pay the full and prompt payment of the sums due under a certain <br />guaranty made to Beneficiary in the original principal sum of FOUR HUNDRED SIXTEEN THOUSAND AND <br />00 /100 DOLLARS ($416,000.00) which indebted ess is evidenced by a guaranty by Trustor dated of even date <br />herewith (hereinafter called the "Guaranty"). ( Trustor's initials). <br />NOW THEREFORE, for the purpose of securing payment of the Guaranty on behalf of Trustor, <br />together with interest thereon, late charges, prepayment penalties, premiums, or fees, default fees, any future <br />advances, and all extensions, modifications, substitutions and renewals thereof, payment of all other sums, fees <br />or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and the <br />performance of the covenants and agreements of Trustor, whether or not set forth herein; and performance, <br />discharge of and compliance with every term, covenant, obligation and agreement of Trustor contained herein or <br />incorporated by reference or any other security instrument at any time given to secure the Guaranty by Trustor, <br />all of which is hereinafter collectively called the "Indebtedness," Trustor irrevocably grants and transfers to <br />Trustee, in trust, WITH POWER OF SALE, the property legally described on Exhibit "A" attached hereto, <br />together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and <br />improvements now or hereafter located thereon, (ii) all equipment, machinery and fixtures (including, without <br />limitation, all lighting, heating, ventilating, cooling, air conditioning, sprinkling and plumbing fixtures, water <br />and power systems, engines, boilers ranges, ovens, dishwashers, mirrors and mantels, carpeting, furnaces, oil <br />burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, <br />electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or <br />built in, any building or improvement now or hereafter located thereon, (iii) all easements and rights of way <br />appurtenant thereof, (iv) all leasehold estate, right, title and interest of Trustor in and to all leases, whether now <br />or hereafter existing or entered into (including, without limitation, all cash and security deposits, advance rentals <br />and deposits or payments of a similar nature) pertaining thereto, (v) all rents issues, profits and income therefrom <br />(subject to the right of Trustor to collect and apply such rents, issues, profits and income as the become due and <br />payable so long as no event of default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, <br />water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and appurtenances belonging, <br />used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary, of any <br />of the foregoing into cash or liquidated claims (including, without limitation, proceeds of conversion, voluntary <br />or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of <br />insurance and condemnation awards), all of which is hereinafter collectively called the "Trust Property ". <br />0 <br />N <br />O <br />O <br />C-n <br />N <br />N <br />!D <br />Z <br />O <br />