II
<br />200103803
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 26th day of April, 2001 by and among the Trustor, KEA
<br />INVESTMENTS -LLC, whose mailing address for purposes of this Deed of Trust is 3114 Memphis Place, Grand
<br />Island, NE 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a
<br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802-
<br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF
<br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to KEA
<br />INVESTMENTS -LLC (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which
<br />is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions
<br />hereinafter set forth, legally described as follows:
<br />A tract of land comprising a part of the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section
<br />Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6`r' P.M., Hall County,
<br />Nebraska, more particularly described as follows: Commencing at a point Seventy Five (75) feet
<br />east of the Northwest corner of said E1 /2NE1/4 on the North line of said E1 /2NE1/4; thence
<br />continuing easterly along the north line of said E1 /2NE1 /4 a distance of Two Hundred (200) feet;
<br />thence southerly and parallel to the Westerly line of said E1 /2NE1/4 a distance of Two Hundred
<br />Seventeen and Eight Tenths (217.8) feet; thence Westerly and parallel to the North line of said
<br />E1 /2NE1/4 a distance of Two Hundred (200) feet to a point on the Easterly right of way of U.S.
<br />Highway No. 281; thence Northerly along and upon the East right of way line of U.S. Highway No.
<br />281 a distance of Two Hundred Seventeen and Eight Tenths (217.8) feet to the point of beginning.
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of
<br />Trust Note dated April 26, 2001, having a maturity date of May 1, 2016, in the original principal amount of ONE
<br />HUNDRED EIGHTY THOUSAND AND 00 /100 Dollars ($180,000.00), and any and all modifications, extensions
<br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more
<br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants
<br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower
<br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by
<br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the
<br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br />the Property now or hereafter levied.
<br />Page 1 of 5
<br />C-� ._
<br />S
<br />0
<br />rn
<br />fl n
<br />o
<br />o
<br />o
<br />�'
<br />�
<br />fV
<br />D
<br />2 -4
<br />�c
<br />X
<br />N
<br />`'
<br />�
<br />W
<br />o
<br />CD
<br />tt ttJJ
<br />7�
<br />9J
<br />C -) `
<br />O
<br />r-rt
<br />� R.
<br />;Uy
<br />w
<br />3
<br />rr,
<br />O
<br />CO
<br />co
<br />a
<br />o
<br />cn
<br />cn
<br />200103803
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 26th day of April, 2001 by and among the Trustor, KEA
<br />INVESTMENTS -LLC, whose mailing address for purposes of this Deed of Trust is 3114 Memphis Place, Grand
<br />Island, NE 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a
<br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802-
<br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF
<br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to KEA
<br />INVESTMENTS -LLC (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which
<br />is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions
<br />hereinafter set forth, legally described as follows:
<br />A tract of land comprising a part of the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section
<br />Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6`r' P.M., Hall County,
<br />Nebraska, more particularly described as follows: Commencing at a point Seventy Five (75) feet
<br />east of the Northwest corner of said E1 /2NE1/4 on the North line of said E1 /2NE1/4; thence
<br />continuing easterly along the north line of said E1 /2NE1 /4 a distance of Two Hundred (200) feet;
<br />thence southerly and parallel to the Westerly line of said E1 /2NE1/4 a distance of Two Hundred
<br />Seventeen and Eight Tenths (217.8) feet; thence Westerly and parallel to the North line of said
<br />E1 /2NE1/4 a distance of Two Hundred (200) feet to a point on the Easterly right of way of U.S.
<br />Highway No. 281; thence Northerly along and upon the East right of way line of U.S. Highway No.
<br />281 a distance of Two Hundred Seventeen and Eight Tenths (217.8) feet to the point of beginning.
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of
<br />Trust Note dated April 26, 2001, having a maturity date of May 1, 2016, in the original principal amount of ONE
<br />HUNDRED EIGHTY THOUSAND AND 00 /100 Dollars ($180,000.00), and any and all modifications, extensions
<br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more
<br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants
<br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower
<br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by
<br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the
<br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against
<br />the Property now or hereafter levied.
<br />Page 1 of 5
<br />C-� ._
<br />S
<br />0
<br />
|