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n <br />s <br />M <br />n <br />f^ <br />.�1 <br />Deed %J Trust1 Security Agreement and <br />Fixture Financing Statement (Nebraska) Bit <br />a <br />z <br />M <br />T <br />a <br />z <br />0 CA <br />n = <br />7 <br />M <br />C-3 � <br />-r7 <br />i <br />q� <br />M <br />0 <br />O <br />CD <br />C <br />C.J <br />O <br />...0 <br />N <br />C:J <br />n (/) <br />ca <br />z m <br />—1 <br />O '+l <br />Ti Z <br />s M <br />n a� <br />r � <br />D <br />Cn <br />Cn <br />0 <br />N <br />O <br />O <br />C:) <br />O <br />W <br />C0 <br />N <br />rn <br />co ..r <br />c.• <br />CJ ,. <br />rN-t <br />CD <br />r-r <br />Z <br />O <br />This Deed of Trust, Security Agreement and Fixture Financing Statement ( "Deed of Trust ") is made 10/20/2000 , by and \V <br />between J O Enterprises Inc g . C",ga 1 p 0 <br />(the "Trustor ") a(n) <br />• V�4V4 I I <br />Wells Fargo Bank Nebraska N.A. I 'U", V. <br />(the "Trustee "), a national banking association, and ecOC Irlgs, Inc. <br />Wells Fargo Bank Nebraska, N.A. Country Drive Ste 201 <br />(the "Beneficiary "), a national banking association. WITNESSETH. pill KANI 9,F117 <br />IF THIS BOX IS CHECKED ❑ THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY <br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND <br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED BELOW. <br />WHEREAS, <br />5d Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of <br />Tbirty-Five Tho i G nd Six Hundred Twentyr F i v and 01 1 0 0 <br />Dollars ($ -4 5 , 6 2 5 _ n 0 ), dated 1 012 n./2 n n n , payable to the order of Beneficiary and having a maturity of <br />1110 a / 2 n n 5 , together with interest thereon, late charges, prepayment penalties, any future advances, and all <br />extensions, modifications, substitutions and renewals thereof (hereinafter the "Note "). <br />(the "Borrower "), 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 credit and other financial accommodations, and to induce Beneficiary <br />to provide financial accommodations to Borrower: <br />❑ If this box is checked, Trustor has guaranteed to Beneficiary the 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 unliquidated, or joint, several or joint and several), <br />❑ If this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of <br />Borrower to Beneficiary evidenced by or arising out of the following: <br />and any extensions, renewals or replacements 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 the County of <br />Hal l , State of Nebraska: <br />Fractional Lot Two (2), Block Six (6), in Kernohan and Decker's Addition to the City <br />of Grand Island, Hall County, Nebraska, and the north half of the vacated alley <br />adjacent to the south line of said Lot Two (2) vacated by Ordinance No. 5070 <br />RECORDED IN BOOK 22, PAGE 306 IN THE OFFICE OF THE REGISTER OF DEEDS OF HALL COUNTY, NE <br />SUBJECT TO: easements and restrictions of record, and: <br />together with N all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter <br />located thereon, IN 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, mirrors and mantels, <br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, <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, (iv) all leasehold <br />estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation, <br />all cash and security deposits, advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues, 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 hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and <br />water stock, NO all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all <br />proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, <br />proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Trust Property. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: <br />1. 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 the 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 enforceable lien on the Trust <br />Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will <br />forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its <br />expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust <br />Property in such manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future <br />law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supplemented from time to time. <br />Trustor will make such further assurance or assurances to perfect its title to the Trust Property as may be required by Beneficiary. Trustor <br />