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a <br />L <br />!1 <br />a <br />Z <br />m <br />n <br />c <br />4n <br />200008284 <br />t <br />f•1 C,�_ <br />r -, r <br />c� <br />—1 <br />C f-I <br />CID <br />F -► <br />C-) cn <br />M <br />I.i <br />r A- <br />u� <br />v <br />• CID cn <br />State of Nebraska Space Above This Line For RecorPing Data <br />ca <br />N <br />O <br />O <br />O <br />O <br />co <br />N <br />co <br />a <br />CD- <br />CID <br />z <br />0 <br />REAL ESTATE DEED OF TRUST C <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />1. DATE AND PARTIES. The date of this Deed of Trust is ........SePtetnber 27, 2000,,,...., and the parties and their~ <br />addresses are as follows: <br />TRUSTOR: THE FIVE B CORPORATION <br />CORPORATION <br />3777 S. MONITOR ROAD <br />GRAM ISLAND, NE 68883 -9639 <br />Taxpayer I.D. #: 47- 0540679 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: <br />CORPORATION <br />110 E. 9TH STREET <br />WOOD RIVER„ NE 68883 <br />Taxpayer I.D. #: 47- 0098350 <br />BENEFICIARY: HERITAGE BANK <br />Organized and existing under the laws of the United States of America <br />110 E. 9TH <br />WOOD RIVER, NE 68883 <br />Taxpayer I.D. #: 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: Refer to exhibit 'A' which <br />is attached hereto and made a part hereof. <br />The property is located in .. HALL AND.. HOWARD .......... ............................... at ............. ............................... <br />(County) <br />.......................................................... .............. ............................... . Nebraska ................................ <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 LEMT. The total principal amount of the Secured Debt (hereafter defined) secured by this <br />Deed of Trust at any one time shall not exceed $ 2M.000 -.0 0 .. . . . . ......... . . . . . . . ......... . . 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 PROMISSORY NOTE IN THE AMOUNT OF $200,000. SIGNED BY BRET A. <br />BAXIER FOR THE FIVE B CORPORATION <br />NEBRASKA - AGRICULTURAL /COMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) page 1 of 6 <br />t <br />01993 Bankers Systems, Inc., St. Cloud, MN I1- 800 - 397 -2341) Form AG /CO -DT -NE 10/30/97 <br />