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201203748
<br />DEED OF TRUST, SECURITY AGREEMENT, FIXTURE FILING
<br />AND ASSIGNMENT OF LEASES AND RENTS
<br />Hall County, Nebraska
<br />This Deed of Trust, Security Agreement, Fixture Filing and Assignment of Leases and Rents (the
<br />"Deed of Trust") is dated as of the 4th day of May, 2012, and is executed by MERRICK
<br />COUNTY FARM LLC, a Nebraska limited liability company (the "Grantor"), in favor of Bruce
<br />I. Smith, Attorney at Law of P.O. Box 790, Grand Island, NE 68802 as Trustee ("Trustee") for
<br />the benefit of METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation (the
<br />"Beneficiary').
<br />WITNESSETH:
<br />WHEREAS, Grantor has executed a Promissory Note in the original principal amount of
<br />$342,500.00, with a final payment due on April 15, 2021 in favor of Beneficiary (the "Note");
<br />and
<br />WHEREAS, Grantor has agreed to secure its obligations to the Beneficiary hereunder by
<br />executing this Deed of Trust in favor of the Trustee for the benefit of Beneficiary, in trust with
<br />power of sale pursuant to the provisions of the Nebraska Trust Deeds Act (Nebraska Rev. Stat.
<br />76-1001, et seq.) burdening the real and personal property described below, and by granting, or
<br />causing to be granted, to Beneficiary the other liens and security interests herein described;
<br />NOW, THEREFORE, in order to secure the full and punctual payment and performance
<br />of all present and future Obligations (as hereafter defined), Grantor has agreed to execute and
<br />deliver this Deed of Trust and to grant a mortgage lien and continuing security interest in and to
<br />the Mortgaged Property (as hereinafter defined); all upon the following terms and conditions:
<br />ARTICLE 1 - DEFINITIONS; DEED OF TRUST TO SECURE OBLIGATIONS
<br />Section 1.1 Definitions. Capitalized terms not otherwise defined in this Deed of Trust
<br />shall have the meaning set forth in the Loan Agreement. In addition to other terms defined
<br />herein, certain defined terms are set forth in Exhibit "A" attached hereto.
<br />Section 1.2 Grant. In order to secure the Obligations, Grantor hereby mortgages,
<br />grants, assigns, bargains, sells and conveys to Trustee, its successors and assigns, in trust, with
<br />power of sale and right of entry and possession, and does hereby grant unto Trustee for the
<br />benefit of Beneficiary a continuing security interest in, (a) the real property (herein called the
<br />"Land") described in Exhibit "B" which is attached hereto and incorporated herein by reference
<br />for all purposes, and (i) all improvements now or hereafter situated or to be situated on the Land
<br />(herein together called the "Improvements"); and (ii) all right, title and interest of Grantor in and
<br />to (1) all streets, roads, alleys, easements, rights-of-way, privileges, hereditaments,
<br />appurtenances, licenses, rights of ingress and egress, vehicle parking rights and public places,
<br />existing or proposed, abutting, adjacent, used in connection with or pertaining to the Land or the
<br />Bolton Farm - Loan 195618 Page 2 of 31
<br />JM MDA1 1095245 v1
<br />0-0 05/03/2012
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