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200501885
<br />limited liability company ( "Grantor "), to WELLS FARGO BANK, NATIONAL
<br />ASSOCIATION ( "Trustee "), whose address is, for the benefit of WELLS FARGO BANK,
<br />NATIONAL ASSOCIATION, as beneficiary ( "Beneficiary ").
<br />ARTICLE 1. GRANT IN TRUST
<br />1.1 GRANT. For the purposes of and upon the terms and conditions in this Deed of
<br />Trust, Grantor irrevocably grants, bargains, mortgages, sells, conveys and assigns
<br />to Trustee, in trust for the benefit of Beneficiary, with power of sale and right of
<br />entry and possession, all of that real property located in the State of Nebraska,
<br />described on Exhibit A attached hereto, together with the Collateral (as defined in
<br />that certain Section entitled Security Interest below) together with all right, title,
<br />interest, and privileges of Grantor in and to all development rights or credits, air
<br />rights, and all minerals, oil and gas, and other hydrocarbon substances in, on or
<br />under the real property, and all appurtenances, easements, rights and rights of way
<br />appurtenant or related thereto; all buildings, other improvements and fixtures now
<br />or hereafter located on the real property, including, but not limited to, all
<br />apparatus, equipment, and appliances used in the operation or occupancy of the
<br />real property, it being intended by the parties that all such items shall be
<br />conclusively considered to be a part of the real property, whether or not attached
<br />or affixed to the real property (the "Improvements "); all right, title and interest of
<br />Grantor in any street, road, alley or other public right of way adjacent to the real
<br />property described on Exhibit A hereto, whether open, proposed or vacated; all
<br />rents, income, receipts, revenues, issues and profits of and from said real property,
<br />whether the same are attributable to or collected before or after any Default (as
<br />hereinafter defined); any and all governmental or quasi - governmental licenses,
<br />permits or approvals which relate to the development, use or operation of or
<br />otherwise relate to said real property; all awards and payments, including interest
<br />thereon, resulting from any public or private condemnation or taking of, casualty
<br />or injury to, or decrease in the value of, any of the property interests encumbered
<br />hereby; all water and water rights, wells and well rights, canals and canal rights,
<br />ditch and ditch rights and reservoirs and reservoir rights appurtenant to or
<br />associated with said real property, whether decreed or undecreed, tributary, non -
<br />tributary, or not non - tributary, surface or underground, or appropriated or
<br />unappropriated, and together with any and all shares of stock in water, ditch,
<br />lateral and canal companies, well permits and all other evidences of any such
<br />rights; and all rights under any condominium declaration and in and to any joint
<br />use cost sharing agreement affecting the real property; any and all contracts for
<br />sale of condominium units, together with any and all deposits paid under such
<br />contracts; all interest or estate which Grantor may hereafter acquire in the
<br />property described above, and all additions and accretions thereto, and the
<br />proceeds of any of the foregoing; (all of the foregoing being collectively referred
<br />to as the "Subject Property "). The listing of specific rights or property shall not
<br />be interpreted as a limit of general terms.
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