202305436 - Laserfiche WebLink

Browse

202305436 THIS REAL ESTATE DEED OF TRUST (this "Deed"), dated as of October 16, 2023 is made by T & E CATTLE COMPANY, as grantor and trustor (if more than one, collectively, called the "Grantor"), to CHICAGO TITLE INSURANCE COMPANY, as trustee ("Trustee"), whose office is located at 171 N. Clark Street, 4th Floor, Chicago, IL 60601, in favor of FARM CREDIT LEASING SERVICES CORPORATION ("Beneficiary"), a federally chartered instrumentality of the United States. SECTION I. DEFINITIONS. The following capitalized terms shall have the following meanings: "Environmental Law" means any federal, state or local law, statute, ordinance, rule, regulation, order or permit now or hereafter enacted, pertaining to health, safety, hygiene, or environmental conditions on, under or about the Trust Estate; "Hazardous Materials" means dangerous, toxic or hazardous pollutants, contaminants, chemicals, wastes, materials or substances, as defined in or governed by any Environmental Law; "Lease Documents" means the documents described in Exhibit "B", as the same may be amended, restated or supplemented; "Lien" means any conveyance, pledge, grant, security title or interest, lien, encumbrance or charge; "Obligations" means all present and future indebtedness and other obligations of Grantor and any other lessee or obligor under the Lease Documents and this Deed; "Permitted Encumbrances" means: (i) as to the property specifically described in Exhibit "A", the matters referred to in such Exhibit; and (ii) as to the Trust Estate, any Lien permitted under the Lease Documents. SECTION II. GRANTING CLAUSES. To secure the repayment of the Obligations, up to $2,700,000 at any time outstanding, Grantor does hereby grant, bargain, sell, alienate, convey, assign, transfer, mortgage, hypothecate, pledge, set over and confirm unto Trustee, in trust, with power of sale, for the use and benefit of Beneficiary the following, in each case whether now or hereafter acquired, attached or existing (the "Trust Estate"): (a) those fee and leasehold estates in real property described in Exhibit "A" (the "Land"), together with all buildings, improvements, personalty and fixtures attached thereto; (b) all equipment, tools, goods, general intangibles and other personal property owned by Grantor and at any time located at or otherwise related to the Land or the buildings, improvements and fixtures located thereon; (c) any and all grants, privileges, rights of way, easements and other similar interests owned, held, leased, enjoyed or exercised by Grantor in connection with the Land or the buildings, improvements and fixtures located thereon; (d) all rights, whether owned legally, of record, equitably or beneficially, to the diversion, storage, distribution and use of water, whether surface, subterranean or groundwater, including all riparian, appropriative, overlying, prescriptive rights, or otherwise, appurtenant, relating or available to the Land or used in connection therewith, including all licenses, permits, decreed rights and any other water right of every kind or nature, and all contractual entitlements or otherwise to the diversion, storage, distribution and use of water, whether surface, subterranean or groundwater, including but not limited to all contractual entitlements arising under or derived from any contract with the United States of America, the State of Nebraska, any political subdivision thereof or other state or local public entity or private entity or otherwise applicable to the Land by virtue of being within the boundaries of any of the foregoing, or allocations for water not yet delivered; and all shares, credits, interests or other rights in any water bank or other water storage facility or project, whether surface, subterranean or groundwater; and all shares, and rights under such shares, of any private water company, mutual water company, ditch company or other non- governmental entity pursuant to which the Grantor or the Land may receive water, and any other securities, securities entitlements, securities accounts and commodities accounts; together with all voting rights and other rights and privileges that now or hereafter may exist with respect to such stock or with respect to participation, membership, or other involvement therein; and all easements, permits, licenses, leases, contracts, grants, reservations and any other rights and entitlements, however created, to drill, install and maintain wells, pumps and pipeline systems, or to use, appropriate, pump, extract, receive, transport, store or transfer water for use on or the benefit of the Land and (e) ditches and ditch rights, pipelines, reservoirs and storage rights, springs and spring rights, water contracts, water allotments, water taps, and all other rights of any kind or nature in or to the use of water, which are appurtenant to, historically used on or in connection with, or located on or under the Land, together with any and all easements, rights of way, fixtures, personal property, contract rights, permits or decrees associated with or used in connection with any such rights, and (0 all tenements, hereditaments and appurtenances relating to the aforesaid property or any part thereof, with all reversions, remainders, leases, rents, income, revenues, profits, cash, proceeds, replacements, claims, causes of action, products and benefits at any time derived, received or had from any or all of the above-described property and all deposits or other accounts into which the same may be deposited; TO HAVE AND TO HOLD the Trust Estate unto Trustee and Beneficiary, and their respective assigns forever, to secure the payment and performance of the Obligations, upon the terms hereof. SECTION III. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor represents, warrants and covenants with Beneficiary as follows: (i) Grantor is authorized to execute and deliver this Deed, (ii) this Deed is the legal, valid and binding obligation of Grantor and is enforceable, (iii) Grantor has good and marketable title to the NE FCL 1