|
' ,
<br /> �. . �
<br /> . sn
<br /> ('� -nn m
<br /> _ � ;�'� ? !� 7' 7ni `"�— C? N �
<br /> ct1 (n �} � O —i � ,�.
<br /> �s t..� _.�_ v� � -,-� c n N c�u
<br /> � �` � . �, 'T' � m O �
<br /> t m �
<br /> � � � � �
<br /> q �� O '*t O N
<br /> z O � i
<br /> • � c� � z m �
<br /> `i � rn � � r-A- � � c
<br /> .�, � � #" r � ~ �
<br /> �+ W x 0 �
<br /> `� N �..� N Z
<br /> � cn 17 O
<br /> Cn
<br /> u�� Deed of Trust, Security Agreemen
<br /> ..�BANKS 2 0 0 0 010 2 7 and Fixture Financing Statement -�-F'.,
<br /> n����
<br /> (Nebraskal
<br /> This Deed of Trust, SecurityAgreement and Fixtu�e Financing Statement("Deed of Trust")is made Ol/31/2000 , by and \`��
<br /> between Robert M. Allen Family Limited Partnership
<br /> �
<br /> (the "Trustor"l afnl Limited Partnership
<br /> Norwest Bank Nebraska National Association
<br /> (the "Trustee"/, a national banking association, and
<br /> Norwest Bank Nebraska, National Association
<br /> (the "Beneficiary"1, a national banking association. VVITNESSETH:
<br /> lF THIS BOX lS CHECKED f� THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br /> CONSTITUTES A CONSTRUCTION SECURITY INTEREST lN THE PROPERTY DESCRIBED BELOW.
<br /> WHEREAS,
<br /> Q Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br /> Q11� Mi l l i�n Fiye HundrPr3 Thnn�anr3 anr9 0�1�0
<br /> Dollars (S_Lr S p�, �p��__l, dated p� ��� ��p p p ,payable to the order of Beneficiary and having a maturity of
<br /> � l /����n n�__ , together with interest thereon, late charges,prepayment penalties, any future advances, and all
<br /> extensions, modifications, substitutions and renewals thereof(hereinafter the "Note"/.
<br /> ❑
<br /> Ithe "Bonower"), has applied to Beneficiary for one o�more loans, letters of c�edit, or oiher financial accommodations and may he�eafter
<br /> from time to time apply to Beneficiary fo�additional loans, letters o/credit and other financial accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Borrower:
<br /> ❑ lf this box is checked, Trustor has gua�anteed to Beneficiary the payment and performance of each and every debt, liability and
<br /> obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary(whethe�such debt,
<br /> liability or obligation now exists or is hereafter created or incurred, and wheiher it is or may be direct or indi�ect, due or to become
<br /> due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficiary the payment and perfo�mance of ihe debt, liability, or obligation of
<br /> Borrower to Beneficiary evidenced by or arising out of the following:
<br /> and any extensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and
<br /> collection expenses,pursuant to a Guaranty(hereinafter the "Guaranty") of even date he�ewith.
<br /> Trustor sha//a/so pay a//other sums, fees or cha�ges, together with inte�est thereon, advanced to protect the security of this Deed of Trust
<br /> and the performance of the covenants and agreements of Trustor, whether or not set forih herein and perform, discha�ge and comply with
<br /> every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trustor's obligations under the
<br /> Note or the Guaranty, as applicable, and all such oihe�sums a�e he�einafter co!lectively referred to as the "Obligations"/.
<br /> NOW, THEREFORE, in consideration of the premises and for the pu�pose of securing the Obligations, Trustor irrevocably g�ants
<br /> and t�ansfers to Trustee, in trust, WITH POWER OF SALE, the following described prope�ty located in the County of
<br /> Hall _ , State of Neb�aska:
<br /> See Exhibit "A" attached hereto and incorporated herein;
<br /> SUBJECT TO: easements and restrictions of record, and:
<br /> together with /i)all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter
<br /> located thereon, (ii)all equipment, machinery and fixiu�es (including, without limitation, all lighfing, heating, ventilating, cooling, air
<br /> conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashe�s, mirrors and mantels,
<br /> carpeting, furnaces, oil burne�s, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br /> electrical equiprnent, stoim and sc�een windows, doors, awnings and shades)now or hereafter attached to, or built in, any building
<br /> improvement or improvement now or hereafter located thereon, (iii)all easements and rights of way appurienant thereto, (iv/ all leasehold
<br /> estate, �ight, title and inte�est of Trustor in and to all leases, wherher now or hereafter existing or entered into /including, without limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a simrlar naturel, pertaining thereto, (v)all rents, issues, profits
<br /> and income the�efrom (subject to the right of Trustor to collect and apply such rents, issues,p�ofits and income as they become due and
<br /> payable so long as no event of defauli exists hereunder), (viJ all royalties, mineral, oil and gas rights and profits, water, water rights, and
<br /> water stock, (vii/a//tenements, hereditaments, privi/eges and appurtenances be/onging, used or enjoyed in connection the�ewith, and/viii) a//
<br /> proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation,
<br /> proceeds of insurance and condemnation awardsJ, all of which are he�ernafter collectively the "Trust Property."
<br /> TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: �
<br /> 1. Tit/e. Trustor covenants, warrants and agrees with Beneficiary, its successo�s and assigns, that Trusto�owns the Trust P�operty (subject
<br /> to any land sale contract described abovel and has the right to convey the Trust Property, that the Trust P�operty is free f�om any prio�lien
<br /> or encumb�ance except as othe�wise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust
<br /> Property, that Trusior, at its expense, wi//preserve such tit/e and wi//maintain this Deed of Trust as a/ien upon the Trust Property and wi//
<br /> forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoeve�. Trustor, at its
<br /> expense, will cause this Deed of Trust, and each amendmeni or supplement he�eto, to be filed and�ecorded as a mortgage of the Trust
<br /> Property in such manner and in such p/ace and wi!/take such aciion as in the opinion of Trustee may be required by any present o�future
<br /> law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time.
<br /> Tnicfnr �niill maLo c��nh f,,.rL..,.�....,,......... ..........._,._,..... ._ _'.'r"` .'_ "..�_ ._ ., . -' . .. . . . . . _ _. . —
<br />
|