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Return to Brandon S, Connick
<br />PO Box 790
<br />Grand Island NE 68802 -0790
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<br />DEED OF TRUST
<br />THIS DEED OF TRUST is made as of the ij Z ay • of October, 2016, The Trust tar is
<br />ARS NEBRASKA, L.L.C., a Delaware limited liability company, whose address for purposes of
<br />notices in respect to this Deed of Trust is 737 Eleanor Industrial Park, Eleanor, WV 25070 and is
<br />sometimes identified herein as "Borrower ". The Trustee is BRANDON S. CONNICK, Attorney
<br />at Law and member of the Nebraska State Bar Association, whose address is 104 N. Wheeler,
<br />PO Box 790, Grand Island, Nebraska 68802-0790. The Beneficiary is MVB BANK, INC., a
<br />West Virginia corporation, whose address for purposes of notification under this Deed of Trust is
<br />301 Virginia Avenue, Fairmont, WV 26554 and is sometimes identified herein as "Lender ".
<br />BORROWER IRREVOCABLY CONVEYS TO TRUSTEE, IN TRUST, WITH
<br />POWER OF SALE, all of the real estate located in Hall County, Nebraska and described in
<br />Exhibit "A ", which Exhibit "A" is attached hereto and incorporated herein by this reference,
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges, and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including but not limited to heating
<br />and cooling equipment, and together with the homestead or marital interests, if any, which
<br />interests are hereby released and waived; all of which, including replacements and additions
<br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust
<br />and all of the foregoing being referred to herein as the "Property".
<br />This, Deed of Trust secures the total sum of SEVEN MILLION EIGHTY THOUSAND
<br />AND NO /100 DOLLARS ($7,080,000.00) (hereinafter referred to as "Debt ") as evidenced by
<br />Borrower's Promissory Note dated October 12, 2016 (herein called "Note "). This Debt shall
<br />include any and all modifications, extensions, and renewals thereof or thereto, and any and all
<br />future advances and re- advances to Borrower hereunder pursuant to one or more promissory
<br />notes or credit agreements.
<br />This Deed of Trust secures to Lender: (i) the Debt evidenced by said Note; (ii) the
<br />payment of all other sums, with interest, advanced under the provisions hereafter to protect the
<br />security; and (iii) the performance of Borrower's covenants and agreements.
<br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal
<br />power and lawful authority to convey the same, and warrants and will defend title to the real
<br />estate against the lawful claims of all persons.
<br />BORROWER AND LENDER AGREE AS FOLLOWS:
<br />Borrower shall pay when due the principal and interest as provided in said Note.
<br />2. All payments received by Lender shall be first applied to advance
<br />been made by Lender, and then to principal due..
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