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<br /> DEED OF TRUST !: ��—� 1G�ZSa�Ei ��,
<br /> AND SECURITY AGREEMEN'f'- �
<br /> This Deed of Trust and Security Agreement (this "Deed of Trust"), is made as of
<br /> Febniary ZYt� 1998, by and among FLEHARTY FAMILY PARTNERSHIP, a Nebraska
<br /> Limited Partnership ("Trustor"), whose mailing address is 1136 North Colorado Avenue,
<br /> Hastings, Nebraska 68901, STEVEN W. SELINE ("Trustee") a member of the Nebraska baz,
<br /> whose mailing address is 1650 Farnam Street, Omaha Nebraska, and LYLE FLEFIARTY AND
<br /> DIANN FLEHARTY ("Beneficiary"), whose mailing address is 1136 North Colorado Avenue,
<br /> Hastings, Nebraska 68901.
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and
<br /> assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br /> Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the real
<br /> property, legally described on Exhibit A attached hereto and incorporated herein by reference
<br /> (the "ProPertY"); and
<br /> TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from
<br /> the Property (collectively, the "rents"), all leases or subleases covering the Property or any
<br /> portion thereof now or hereafter exisdng or entered into, and all right, title and interest of
<br /> Trustor thereunder, all right, title and interest of Trustor in and to any greater estate in the
<br /> Property owned or hereafter acquire�, all interests, estate or other claims, both in law and in
<br /> equity, which Trustor now has or may hereafter acquire in the Pmperty, all easements,
<br /> rights-of-way, tenements, hereditaments and appurtenances thereof and thereto, all water rights,
<br /> all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land, lying
<br /> within the right-of-way of any street or highway adjoining the Property, and any and all alleys
<br /> and strips and gores of land adjacent to or used in connection with the Property, and any and
<br /> all buildings, fixtures and improvements now or hereafter erected thereon(the "Improvements"),
<br /> and all the estate, interest, right, title or any claim or demand which Trustor now has or may
<br /> hereafter acquire in the Property, and any and all awards made for the taking by eminent
<br /> domain, or by any proceeding or purchase in lieu thereof, of the whole or any part of the Trust
<br /> Estate, including without limitation any awazds resulting from a change of grade of streets and
<br /> awards for severance damages.
<br /> The Property and the endre estate and interest conveyed to the Trustee aze referred to
<br /> collectively as the "Trust Estate".
<br /> For the Purpose of Securing:
<br /> A. Payment of certain indebtedness described on Exhibit B attached hereto and
<br /> incorporated herein by reference;
<br /> B. Payment of indebtedness evider.ced by any promissory note of Trustor in favor
<br /> of Beneficiary; and
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