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State of Nebraska
<br />REAL ESTATE DEED OF TRUST
<br />(With Future Advance Clause)
<br />❑ Construction Security Agreement
<br />1. DATE AND PARTIES. The date of this Deed of Trust is ..................0:02.201, , , , , . , , , , , , . , . ,
<br />addresses are as follows:
<br />TRUSTOR: Skag -Way Discount Department Stores, Inc., A Nebraska Corporation
<br />630 W State Street
<br />Grand Island, NE 68803
<br />and the parties and their
<br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: Heritage Bank
<br />P 0 Box 5138
<br />Grand Island, NE 68802
<br />47. 0098350
<br />BENEFICIARY: Heritage Bank
<br />1333 N. Webb Road
<br />P.O. Box 5138
<br />Grand Island, NE 68802.5138
<br />47. 0098350
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
<br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the
<br />benefit of the Beneficiary, with power of sale, the following described property:
<br />See attached legal description
<br />The property is located in ... ............................... H011 ............................... at ............030. W. Sta... to SI(Q0..........
<br />(County)
<br />......................... ............................... . Pond WPM...... Nebraska .......... .........
<br />Po n.4
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all
<br />diversion payments or third party payments made to crop producers, and all existing and future improvements, structures,
<br />fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all
<br />referred to as "Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches,
<br />reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property,
<br />however established.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this
<br />Deed of Trust at any one time shall not exceed $ 4,509,000,00 . . . . . . . . . . ............. . . . . ..... . This limitation of amount does
<br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly
<br />made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the
<br />terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of
<br />Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even
<br />though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to
<br />make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate
<br />writing.
<br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following:
<br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions,
<br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that
<br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.)
<br />Heritage Bank note 2310408 dated 312101 in the original amount of 52,400,000 and is collateral security for Heritage Bank note
<br />2101550 dated 312101 in the original amount of $2,100,000 executed by William C Martin, President, Skag -Way Discount
<br />Department Stores, Inc.
<br />NEBRASKA - AGRICULTURAL /COMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSESI page 1 of 6
<br />©1993 Bankers Systems, Inc., St. Cloud, MN'. (1-800- 39712341) Form AG /CO -DT -NE 10/30/97
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<br />•
<br />REAL ESTATE DEED OF TRUST
<br />(With Future Advance Clause)
<br />❑ Construction Security Agreement
<br />1. DATE AND PARTIES. The date of this Deed of Trust is ..................0:02.201, , , , , . , , , , , , . , . ,
<br />addresses are as follows:
<br />TRUSTOR: Skag -Way Discount Department Stores, Inc., A Nebraska Corporation
<br />630 W State Street
<br />Grand Island, NE 68803
<br />and the parties and their
<br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: Heritage Bank
<br />P 0 Box 5138
<br />Grand Island, NE 68802
<br />47. 0098350
<br />BENEFICIARY: Heritage Bank
<br />1333 N. Webb Road
<br />P.O. Box 5138
<br />Grand Island, NE 68802.5138
<br />47. 0098350
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
<br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the
<br />benefit of the Beneficiary, with power of sale, the following described property:
<br />See attached legal description
<br />The property is located in ... ............................... H011 ............................... at ............030. W. Sta... to SI(Q0..........
<br />(County)
<br />......................... ............................... . Pond WPM...... Nebraska .......... .........
<br />Po n.4
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all
<br />diversion payments or third party payments made to crop producers, and all existing and future improvements, structures,
<br />fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all
<br />referred to as "Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches,
<br />reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property,
<br />however established.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this
<br />Deed of Trust at any one time shall not exceed $ 4,509,000,00 . . . . . . . . . . ............. . . . . ..... . This limitation of amount does
<br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly
<br />made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the
<br />terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of
<br />Trust. Future advances are contemplated and, along with other future obligations, are secured by this Deed of Trust even
<br />though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to
<br />make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate
<br />writing.
<br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes, but is not limited to, the following:
<br />A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions,
<br />renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that
<br />you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.)
<br />Heritage Bank note 2310408 dated 312101 in the original amount of 52,400,000 and is collateral security for Heritage Bank note
<br />2101550 dated 312101 in the original amount of $2,100,000 executed by William C Martin, President, Skag -Way Discount
<br />Department Stores, Inc.
<br />NEBRASKA - AGRICULTURAL /COMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSESI page 1 of 6
<br />©1993 Bankers Systems, Inc., St. Cloud, MN'. (1-800- 39712341) Form AG /CO -DT -NE 10/30/97
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