N
<br />N
<br />0
<br />w
<br />v
<br />Cn
<br />0
<br />(Space Above This Line For Recording Data)
<br />COMMERCIAL REAL. ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May S, 2012 by the
<br />grantor(s) Kaboom, LLC, a Nebraska Limited Liability Company, whose address is 808 South L Road, Giltner,
<br />Nebraska 68841 ("Grantor"). The trustee is Union Bank &r Trust Company whose address is 3643 South 48th
<br />Street, Lincoln, Nebraska 68506 ("Trustee"). The beneficiary is Union Bank &c Trust Company whose address
<br />is 3643 South 48th. Street, PO Box 82535, Lincoln, Nebraska 68501-2535 ("Lender"), which is organized and
<br />existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a
<br />maximum principal amount of Fourteen Million Two Hundred Fifty Thousand and 00/100 Dollars
<br />($14,250,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which
<br />is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and
<br />property described below:
<br />Legal Description: See attached Exhibit A which is made a permanent part of this document.
<br />Property Size: 1550 acres.
<br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures,
<br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description
<br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or
<br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above-
<br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites,
<br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in
<br />connection with the above-described real property, payment awards, amounts received from eminent domain,
<br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or
<br />affixed on and used in connection therewith (hereinafter called the "Property").
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions,
<br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other
<br />documents or agreements executed in connection with this Security Instrument whether now or hereafter existing.
<br />The Related Documents are hereby made a. part of this See-urity Instrument by reference thereto, with the same
<br />force and effect as if fully set forth herein.
<br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a
<br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other
<br />indebtedness of any and every kind now or hereafter owing from Borrower*to Lender, howsoever created or
<br />arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out
<br />of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related
<br />Documents (hereinafter all referred to as the "Indebtedness"). INCREASED MAXIMUM PRINCIPAL
<br />INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will
<br />automatically be increased by any future advances or other indebtedness of the Grantor or Borrower to
<br />the Lender. Notwithstanding the foregoing, the parties agree that the total amount which is secured by this
<br />Security Instrument shall not exceed $28,500,000.00 J" ALL -_ (initials)
<br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if
<br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there
<br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances.
<br />CROSS COLLATERALIZATION. It is the expressed intent of Urantor to cross collateralize all of its
<br />Indebtedness and obligations to Lender, Howsoever arising and whensoever incurred.
<br />WARRANTIES, Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents,
<br />warrants, covenants and agrees with Lender, its successors and assigns, as follows:
<br />2004-7011 C—piience Systems, €ne. CQFO-EF34 - 2010LI.15.441
<br />Commercial Real E—. Security ipsI—t • DL4007 Page 1 of5 ww�v.campliancesysfexns.epm
<br />M
<br />Fo
<br />N
<br />OOH
<br />_
<br />rn Mo_
<br />n -i
<br />N
<br />D
<br />zm
<br />M
<br />N m
<br />rn
<br />�o G7
<br />�O
<br />o 0
<br />-
<br />pz
<br />O
<br />OT
<br />D
<br />No Cl)
<br />ZD
<br />G7�—
<br />p
<br />Tz
<br />= M
<br />CO
<br />W Z
<br />-n <
<br />M
<br />O
<br />D
<br />r
<br />� (n
<br />I
<br />A
<br />M :;u rn
<br />rn, p
<br />r D
<br />Cl)
<br />(Yi
<br />p
<br />Icn o cn
<br />Qo
<br />z
<br />CZ)
<br />Cl)
<br />C
<br />z
<br />O
<br />THIS INSTRUMENT PREPARED BY:
<br />AFTER RECORDING RETURNTO:
<br />Union Bank & Trust Company
<br />Union Bank &c Trust Company
<br />3643 South 48th Street, PO Box 82535
<br />3643 South 48th Street, PO Box 82535
<br />'Lincoln, NE 68506
<br />Lincoln, NE 68506
<br />(Space Above This Line For Recording Data)
<br />COMMERCIAL REAL. ESTATE DEED OF TRUST
<br />This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on May S, 2012 by the
<br />grantor(s) Kaboom, LLC, a Nebraska Limited Liability Company, whose address is 808 South L Road, Giltner,
<br />Nebraska 68841 ("Grantor"). The trustee is Union Bank &r Trust Company whose address is 3643 South 48th
<br />Street, Lincoln, Nebraska 68506 ("Trustee"). The beneficiary is Union Bank &c Trust Company whose address
<br />is 3643 South 48th. Street, PO Box 82535, Lincoln, Nebraska 68501-2535 ("Lender"), which is organized and
<br />existing under the laws of the State of Nebraska. Grantor in consideration of loans extended by Lender up to a
<br />maximum principal amount of Fourteen Million Two Hundred Fifty Thousand and 00/100 Dollars
<br />($14,250,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which
<br />is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the land and
<br />property described below:
<br />Legal Description: See attached Exhibit A which is made a permanent part of this document.
<br />Property Size: 1550 acres.
<br />Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures,
<br />tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods of whatever description
<br />and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or
<br />otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above-
<br />described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites,
<br />storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in
<br />connection with the above-described real property, payment awards, amounts received from eminent domain,
<br />amounts received from any and all insurance payments, and timber which may now or later be located, situated, or
<br />affixed on and used in connection therewith (hereinafter called the "Property").
<br />RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements,
<br />prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions,
<br />guaranties, environmental agreements, subordination agreements, assignments of leases and rents and any other
<br />documents or agreements executed in connection with this Security Instrument whether now or hereafter existing.
<br />The Related Documents are hereby made a. part of this See-urity Instrument by reference thereto, with the same
<br />force and effect as if fully set forth herein.
<br />INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a
<br />promissory note or notes of even, prior or subsequent date hereto, including future advances and every other
<br />indebtedness of any and every kind now or hereafter owing from Borrower*to Lender, howsoever created or
<br />arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out
<br />of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related
<br />Documents (hereinafter all referred to as the "Indebtedness"). INCREASED MAXIMUM PRINCIPAL
<br />INDEBTEDNESS: Grantor hereby acknowledges that the principal amount shown above will
<br />automatically be increased by any future advances or other indebtedness of the Grantor or Borrower to
<br />the Lender. Notwithstanding the foregoing, the parties agree that the total amount which is secured by this
<br />Security Instrument shall not exceed $28,500,000.00 J" ALL -_ (initials)
<br />FUTURE ADVANCES. To the extent permitted by law, this Security Instrument will secure future advances as if
<br />such advances were made on the date of this Security Instrument regardless of the fact that from time to time there
<br />may be no balance due under the note and regardless of whether Lender is obligated to make such future advances.
<br />CROSS COLLATERALIZATION. It is the expressed intent of Urantor to cross collateralize all of its
<br />Indebtedness and obligations to Lender, Howsoever arising and whensoever incurred.
<br />WARRANTIES, Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents,
<br />warrants, covenants and agrees with Lender, its successors and assigns, as follows:
<br />2004-7011 C—piience Systems, €ne. CQFO-EF34 - 2010LI.15.441
<br />Commercial Real E—. Security ipsI—t • DL4007 Page 1 of5 ww�v.campliancesysfexns.epm
<br />
|