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e _ rn <br />c:a o --+ <br />~~~ ~ n s ~ ~ ~~ ~ ~ <br />~_ ~- ~ ~ ~ ~ Z 7C ~ t:sa ~ '''~' c~ v <br />rv ~ `p O ~ ,,,~, ~ F..., m <br />a ~ <br />~ ~ ~ ~ rU p <br />~~~ NEBRASKA DEED OF TRUST, SECURITY AGREEMENT ~~/ rs7a5zzo~9 ~I ~ ~ <br />~~"°'°°~® AND ASSIGNMENT OF RENTS AND LEASES o o Q/3sg <br />(INCLUDING FIXTURE FILING UNDER UNIFORM COMMERCIAL CODE) ~~ <br />^ If checked here, THIS DEED OF TRUST IS A "CONSTRUCTION SECURITY AGREEMENT"AS REFERRED TO 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 400 C'TTY CENTER,,,,,,,(1,SHKOSH,~I,_54901 ,_,_ _,_,_,_, (the 'Trustee "),for the <br />benefit of U . S . BAND _N . A . (the 'Beneficiary "),effective as of the date set forth below, <br />ARTICLE I. CONVEYANCE/MORTGAGED PROPERTY <br />LI Grant of Deed of Trust/Security Interest. IN CONSIDERATION OF 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 conlirmed, 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 Trustar 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 inclividually, 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 Cornxnercial Code. <br />1.2 "Property" means all of the following, whether now owned or existing or hereafter acquired by the Trustor, wherever located: <br />all the real estate described below or in Exhibit A attached hereto (the '7L,and"),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 rnatertals, <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 'Improvements ") (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 ]eases 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 (or in Exhibit Ahereto if the description does not appear below): <br />The West Four (4) Feet of Lat pne (1) and all of Lot Two (2), Hlock One <br />(1), Wiebe's Addition to the. City of Grand Island, Hall County, Nebraska <br />Property located at 707 W Charles St, Grand Island, NE 68801, Hall County <br />1714NE bus hancorp 2001 B1 N/ Page 1 of 8 6/D3 <br />