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DEED OF TRUST y� 1 >^>r� may 2000 , b and among THIS DEED OF TRUST, made this day of � � Y g - Emulsified Asphalt Enterprises, LLC, a Wyoming Limited Liability Company a„thorizpd to do � business in Nebraska whose mailing addrpas is °' (herein "Trustor "); and John H Skavdahl , attorney at law whose mailing address is P 0 Box 156, Harrison NE 69346 (herein "Trustee ") and First Interstate Bank, a Wyoming Banking Association whose mailing address is P. 0. ox 40, Casper, WY 82602 (herein "Beneficiary "). FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the following described real property,' interest located in Hall County, Nebraska: (hereafter referred to as "real property "). All of Trustor's leasehold interest in and to the following described real estate to -wit: Commencing at the S4 corner of Section 27, T12NR9W of the 6th PM; thence East along the South line of Sec. 27, 500 feet more or less to a point; thence North 33 feet to the southwest corner of the Lease Tract and the true point of beginning; thence North 600 feet; thence East 400 feet; thence South 600 feet; thence 400 feet to the true point of beginning. Containing 5.5 Acres more or less. TOGETHER WITH, all rents, profits, , income and other benefits derived from the real property; all leases or subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder; all interests, estates or other claims, both in law and in equity, which Trustor now haA or may hPronfter acquire in the real property: all easements, rights -of,- way, tenements, hereditaments and appurtenances thereof and thereto; i or _ water rights ; and any and all buildings, fixtures, improvemesfts, and appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement" or "Improvements "). All of the foregoing,real property and other property and interests conveyed to Trustee are herein collectively referred to as the "Property." Notes as ,mQd f ied by Change In Terms Agreement This Deed of Trust is given to secure the repayment of the obligations due under a certain promissory�r dated Play :1, 2-090 — in the original principal sum of Dollars($3,220,591.00 ),with a final maturity datwIeNas 'OrOVided iri the NOteS, (herein referred to as the "Note') and interest thereon according to the terms of Note with any and all extensions, renewals, modifications, or substitutions thereof and each and every debt, liability and obligation of every type and description, including guarantees or accommodations, which the Trustor may now, or at any time hereafter, owe or be obligated to the Beneficiary whether such debt, liability, or obligation now exists or hereafter arises, is direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several. The Note and all such debts, liabilities, and obligations are all collectively hereinafter referred to as "Obligations." The total principal amount, exclusive of interest, of the Obligations, including any future debts, advances, liabilities or obligations, not includ- ing, however, any sums advanced for the protection and / or insurance of the Property or the Beneficiary's interest therein, shall not exceed the sum of Three mil 1 ion fi vP hnntlrP(l thnuGnnrl Dollars ($ �� inn 0o0_. 0(i _ ), PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL OR FUTURE LOANS OR ADVANCES IN ANY AMOUNTS. rn N � C ) ) � o --A CID Cq M CD 1 \ / n �! �J cD -1 C� -Ti Z � co �D .. =: M )> w C= UtA M r„ r::0 CD . n. co rn N CM 0 — N 200003680 DEED OF TRUST y� 1 >^>r� may 2000 , b and among THIS DEED OF TRUST, made this day of � � Y g - Emulsified Asphalt Enterprises, LLC, a Wyoming Limited Liability Company a„thorizpd to do � business in Nebraska whose mailing addrpas is °' (herein "Trustor "); and John H Skavdahl , attorney at law whose mailing address is P 0 Box 156, Harrison NE 69346 (herein "Trustee ") and First Interstate Bank, a Wyoming Banking Association whose mailing address is P. 0. ox 40, Casper, WY 82602 (herein "Beneficiary "). FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the following described real property,' interest located in Hall County, Nebraska: (hereafter referred to as "real property "). All of Trustor's leasehold interest in and to the following described real estate to -wit: Commencing at the S4 corner of Section 27, T12NR9W of the 6th PM; thence East along the South line of Sec. 27, 500 feet more or less to a point; thence North 33 feet to the southwest corner of the Lease Tract and the true point of beginning; thence North 600 feet; thence East 400 feet; thence South 600 feet; thence 400 feet to the true point of beginning. Containing 5.5 Acres more or less. TOGETHER WITH, all rents, profits, , income and other benefits derived from the real property; all leases or subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder; all interests, estates or other claims, both in law and in equity, which Trustor now haA or may hPronfter acquire in the real property: all easements, rights -of,- way, tenements, hereditaments and appurtenances thereof and thereto; i or _ water rights ; and any and all buildings, fixtures, improvemesfts, and appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement" or "Improvements "). All of the foregoing,real property and other property and interests conveyed to Trustee are herein collectively referred to as the "Property." Notes as ,mQd f ied by Change In Terms Agreement This Deed of Trust is given to secure the repayment of the obligations due under a certain promissory�r dated Play :1, 2-090 — in the original principal sum of Dollars($3,220,591.00 ),with a final maturity datwIeNas 'OrOVided iri the NOteS, (herein referred to as the "Note') and interest thereon according to the terms of Note with any and all extensions, renewals, modifications, or substitutions thereof and each and every debt, liability and obligation of every type and description, including guarantees or accommodations, which the Trustor may now, or at any time hereafter, owe or be obligated to the Beneficiary whether such debt, liability, or obligation now exists or hereafter arises, is direct or indirect, due or to become due, absolute or contingent, primary or secondary, liquidated or unliquidated, or joint, several, or joint and several. The Note and all such debts, liabilities, and obligations are all collectively hereinafter referred to as "Obligations." The total principal amount, exclusive of interest, of the Obligations, including any future debts, advances, liabilities or obligations, not includ- ing, however, any sums advanced for the protection and / or insurance of the Property or the Beneficiary's interest therein, shall not exceed the sum of Three mil 1 ion fi vP hnntlrP(l thnuGnnrl Dollars ($ �� inn 0o0_. 0(i _ ), PROVIDED, HOWEVER, THAT NOTHING CONTAINED HEREIN SHALL CONSTITUTE A COMMITMENT TO MAKE ADDITIONAL OR FUTURE LOANS OR ADVANCES IN ANY AMOUNTS.