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,~,. ~ = ~ <br />_ ~~ ~ ~ ~ ~ <br />~..~ ~ ~ ~` <br />m ~ ~ 1/1 ea ~ ~ rn ~ <br />~~ <br />~ 'R ~ ~ ~ ~ ~ 3 ~ ~ v c <br />W ..rr~ ~ d~ ~ Q k--~ x ~ I~T1 <br />,~.... <br />c o" ~ w <br />° m~, O <br />After recording, return to: <br />Croker, Huck, Dasher, DeWitt <br />Anderson & Gonderinger, LI,C <br />2120 South 72"s Street, Suite 1200 <br />Omaha, NE 68124 <br />Attn: Martin P. Pelster <br />Dl" F~,p QF TRUST <br />~-~ <br />THIS DEED OF TRUST ("Deed of Trust") is made this ~ day of February, 2010, by and among <br />G05AN, INC., a Nebraska corporation (hereinafter called the "Trustor"),whose mailing address is 1010 Fast $ismark <br />Road, Grand Island, Nebraska 6$801, THOMAS .I. MAI,ICKI, a member of the Nebraska State Bar Association <br />(hereinafter called the "Trustee"), whose mailing address is 8'112 W. Dodge Road, Suite 300, Omaha, Nebraska 68114- <br />3419, and THEODORE G. BAER and KATHRYN M. BAER (hereinafter collectively called the "Beneficiary"), <br />whose mailing address is 9730 Ascot Drive, Omaha, Nebraska 68114. <br />WITNESSETH: <br />WHEREAS, Tru~tor and George J. averfield, Jr., are indebted to Beneficiary as evidenced by a Promissory <br />Note dated February ~_, 2010 in the original principal amount of $250,000.00 (together with all renewals, <br />modifications, and substitutions thereof, the "Note"). <br />NOW, THEREFORE, For the purpose of securing: <br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future <br />advances, and all extensions, modifications, substitutions and renewals thereof; <br />(b) payment of all other sums, fees or charges, together with interest thereon, advanced to protect the <br />security of this Deed of Trust and the performance of the covenants and agreements of Trustor, whether or not set forth <br />herein.; <br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of <br />Trustor contained herein or incorporated by reference or any other security instrument at anytime given to secure the <br />Indebtedness (as hereinafter depmed); and <br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have <br />been or hereafter be advanced by Beneficiary to Trustor or Trustor's successor in interest or title; <br />all of which is hereinafter collectively called the "Indebtedness", Trustor irrevocably grants, grants a security interest <br />in, and transfers to 'f tastes, intrust, WITH POWER OF SALE, the following described property: <br />Lot 1, Super Bowl Subdivision, in the City ofGrand Island, Hall County, Nebraska <br />0 <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 and <br />