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<br />II AIL.,
<br />Deed of Trust, Security Agreemen(&
<br />and Fixture Financing Statement
<br />Qy
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "De (NeVraskaJ\
<br />("Deed 06f16L2000 by and
<br />between H & H Carrier Corporation
<br />(the "Trustor ") e(n) Corporation
<br />Norwest Bank Nebraska National Association
<br />(the "Trustee "), a national banking association, and
<br />Norwest Bank Nebraska National Association___
<br />(the "Beneficiary "J, a national banking association. -- -- --
<br />WI TNESSET /f:
<br />IF THIS BOX 1S CHECKED 0 THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCT /ON L /ENACT AND CREATES, GRANTS AND
<br />WHEREAS,
<br />CONST/TUTES A CONSTRUCT /ON SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />_Three Million Five Hundred Thousand and 0 /100
<br />Dollars ($_ 3.500.000 00 h dated 6 / 16 / 2000 - -_----- _� - - - - - - -- - - - - -- -- -- - - - - -- --
<br />payable to the order of Beneficiary and having a maturity of
<br />together with interest thereon, late rharges, prepayment pnnaltirs, any future ar/vanre:, nnrl rill
<br />extensions, modifications, substitutions and renewals thereof lhereinaller the "Note "1.
<br />(the "Borrower "J, has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Beneficiary for additional loans, letters of cred %r and other financial arrnmmodarinnc, and to ind,l,:e p,,, /i -fair
<br />to provide financial accommodations to Borrower:
<br />El If this box is checked, Trustor has guaranteed to Beneficiary Ilhe 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 (whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become
<br />due, absolute or contingent, primary or secondary, liquidated or unhquidaterf, or joint, several or joint and several),
<br />If this box is checked, Trustor has guaranteed to Beneficiary the pnyrrrnnt and performance of t/re r/r•ht, t /at�il /ty, or nb /irlatinn o/
<br />Borrower to Beneficiary evidenced by or arising out of the lolluwirrg:
<br />and any extensions, renewals or rep /acemenls 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 herewith.
<br />Trustor shall also pay all other sums, fees or charges, together with interest 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 forth herein and perform, discharge 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 other sums are hereinafter collectively referred to as the "Obligations").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor irrevocably grants
<br />and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in t /he County of
<br />Hall Stale of Nebraska:
<br />Lot 1, Hoch Subdivision, City of Grand Island, Hall County Nebraska.
<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, AV all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, coolers and mantels,
<br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, conhrnunication systems, dynamos, transformers, m rrors
<br />electrical equipment, storm and screen 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 appurtenant thereto, 00 all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, viithout limitation,
<br />all cash and security deposits• advance rentals and deposits or payments of a similar nature/, pertaining thereto, Iv! all rent;, i5;r /es, profits
<br />and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunderl, (vi) all royalties, mineral, oil and gas rights andprofits, water, water rights, and
<br />water stock, (viiJ at/ tenements, hereditaments, privi/eoes and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all
<br />r f' �eO'e (`f Mn1 P/Cit'n. YCtU ^t °ry' CC
<br />C^1 ,r cor: ` ,- C h ,oCC r /• c s Cf nsance acCdemrt 3t C n avtarCSla O / ��hiC h a'e hre ., 'C s? red cha.a
<br />efy rho 'Tr Jcr P•nOorty
<br />Tn p°OTECT THE SEC!'p/TY OF TWS DEED OF TRUST, TBUSTOP, CG .'EN
<br />AI: TS AND AGREES A'S FOLLOWS:
<br />t. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property /subject
<br />to any land sale contract described above) and has the right to convey [lie Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceal�lo lien on the, Tiusl
<br />Property. that Trustor, al its expense, 1%-11f preserve su:h title and $viol maintain this Deed of Trust as a lien upon the Trust Properly and will
<br />forever warrant and defend the validity and priority of the lien hereof against (he claims of all persons and parries whomsoever. Trucenr At ire
<br />expense, will cause this Deed of Trust, and each amondmont nr �,.. r h, . _. �___._
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<br />..BANKS
<br />�
<br />II AIL.,
<br />Deed of Trust, Security Agreemen(&
<br />and Fixture Financing Statement
<br />Qy
<br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "De (NeVraskaJ\
<br />("Deed 06f16L2000 by and
<br />between H & H Carrier Corporation
<br />(the "Trustor ") e(n) Corporation
<br />Norwest Bank Nebraska National Association
<br />(the "Trustee "), a national banking association, and
<br />Norwest Bank Nebraska National Association___
<br />(the "Beneficiary "J, a national banking association. -- -- --
<br />WI TNESSET /f:
<br />IF THIS BOX 1S CHECKED 0 THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCT /ON L /ENACT AND CREATES, GRANTS AND
<br />WHEREAS,
<br />CONST/TUTES A CONSTRUCT /ON SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW.
<br />Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br />_Three Million Five Hundred Thousand and 0 /100
<br />Dollars ($_ 3.500.000 00 h dated 6 / 16 / 2000 - -_----- _� - - - - - - -- - - - - -- -- -- - - - - -- --
<br />payable to the order of Beneficiary and having a maturity of
<br />together with interest thereon, late rharges, prepayment pnnaltirs, any future ar/vanre:, nnrl rill
<br />extensions, modifications, substitutions and renewals thereof lhereinaller the "Note "1.
<br />(the "Borrower "J, has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br />from time to time apply to Beneficiary for additional loans, letters of cred %r and other financial arrnmmodarinnc, and to ind,l,:e p,,, /i -fair
<br />to provide financial accommodations to Borrower:
<br />El If this box is checked, Trustor has guaranteed to Beneficiary Ilhe 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 (whether such debt,
<br />liability or obligation now exists or is hereafter created or incurred, and whether it is or may be direct or indirect, due or to become
<br />due, absolute or contingent, primary or secondary, liquidated or unhquidaterf, or joint, several or joint and several),
<br />If this box is checked, Trustor has guaranteed to Beneficiary the pnyrrrnnt and performance of t/re r/r•ht, t /at�il /ty, or nb /irlatinn o/
<br />Borrower to Beneficiary evidenced by or arising out of the lolluwirrg:
<br />and any extensions, renewals or rep /acemenls 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 herewith.
<br />Trustor shall also pay all other sums, fees or charges, together with interest 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 forth herein and perform, discharge 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 other sums are hereinafter collectively referred to as the "Obligations").
<br />NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor irrevocably grants
<br />and transfers to Trustee, in trust, WITH POWER OF SALE, the following described property located in t /he County of
<br />Hall Stale of Nebraska:
<br />Lot 1, Hoch Subdivision, City of Grand Island, Hall County Nebraska.
<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, AV all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, coolers and mantels,
<br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, conhrnunication systems, dynamos, transformers, m rrors
<br />electrical equipment, storm and screen 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 appurtenant thereto, 00 all leasehold
<br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, viithout limitation,
<br />all cash and security deposits• advance rentals and deposits or payments of a similar nature/, pertaining thereto, Iv! all rent;, i5;r /es, profits
<br />and income therefrom (subject to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and
<br />payable so long as no event of default exists hereunderl, (vi) all royalties, mineral, oil and gas rights andprofits, water, water rights, and
<br />water stock, (viiJ at/ tenements, hereditaments, privi/eoes and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all
<br />r f' �eO'e (`f Mn1 P/Cit'n. YCtU ^t °ry' CC
<br />C^1 ,r cor: ` ,- C h ,oCC r /• c s Cf nsance acCdemrt 3t C n avtarCSla O / ��hiC h a'e hre ., 'C s? red cha.a
<br />efy rho 'Tr Jcr P•nOorty
<br />Tn p°OTECT THE SEC!'p/TY OF TWS DEED OF TRUST, TBUSTOP, CG .'EN
<br />AI: TS AND AGREES A'S FOLLOWS:
<br />t. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property /subject
<br />to any land sale contract described above) and has the right to convey [lie Trust Property, that the Trust Property is free from any prior lien
<br />or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceal�lo lien on the, Tiusl
<br />Property. that Trustor, al its expense, 1%-11f preserve su:h title and $viol maintain this Deed of Trust as a lien upon the Trust Properly and will
<br />forever warrant and defend the validity and priority of the lien hereof against (he claims of all persons and parries whomsoever. Trucenr At ire
<br />expense, will cause this Deed of Trust, and each amondmont nr �,.. r h, . _. �___._
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