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<br /> 99- �i,�k,s
<br /> 1�� Prepared by and after
<br /> recording return to:
<br /> David T. Yolf, Esquire
<br /> David T. Wolf, P.C.
<br /> 900 Circle 75 Parkway, Suite 800A
<br /> Atlanta, Georgia 30339
<br /> AMENDED AND RE8TATED DEED OF TRUST AND SECURITY AGREEMENT
<br /> THIS AMENDED AND RESTATED DEED OF TRUST AND 3ECURITY AGREEMENT
<br /> made and entered into this 7th day of Ma y , 1999, by and between
<br /> TOUKAN PROPERTIES, L.L.C. , a Nebraska limited liability company
<br /> ("Properties") and TOUKAN MANAGEMENT, L.L.C. , a Nebraska limited
<br /> liability company ("Management") and whose principal place of
<br /> business is 1808 South Locust Street, Grand Island, Nebraska 68801
<br /> (Properties and Management are hereinafter sometimes called the
<br /> "Grantor") in favor of CHICAGO TITLE INSURANCE COMPANY, whose
<br /> address is P. O. Box 26370 Kansas City, Missouri 64196 (hereinafter
<br /> called the "Trustee") , and NATIONSBANK, N.A. , located at 19th
<br /> Floor-Plaza, 600 Peachtree Street, N.E. , Atlanta, Georgia 30308
<br /> � (hereinafter called the "Beneficiary" , the term "Beneficiary" to
<br /> include its successors and assigns) ;
<br /> W I T N E S S E T H:
<br /> WHEREAS, Grantor heretofore executed and delivered to
<br /> Beneficiary a Real Estate Note dated January 5, 1999 (hereinafter
<br /> called the "Note") , in the original face principal amount of FIVE
<br /> MILLION ONE HUNDRED THOUSAND AND NO/100THS DOLLARS ($5, 100, 000. 00) ,
<br /> said Note payable in accordance with its terms to Beneficiary, or
<br /> order with the entire outstanding principal balance maturing on
<br /> April 5, 2012; and
<br /> ' debtedness evidenced b the Note is secured b
<br /> the in
<br /> WHEREAS y y
<br /> r
<br /> that certain Deed of Trust and Security Agreement dated January 4,
<br /> 1999 made by Properties in favor of Beneficiary and recorded in the
<br /> Office of the Register of Deeds of Hall County, Nebraska and
<br /> bearing Instrument No. 99-100060 (the "Original Deed") ;
<br /> WHEREAS, as to the "Leasehold Parcel" , the lessee's interest
<br /> in and to the Ground Lease (as such term is hereinafter defined)
<br /> was assigned and conveyed to Management by virtue of a Lease
<br /> Assignment and Assumption Agreement dated January 1, 1999 by and
<br /> between Mana ement and Toukan Enterprises, Inc. , an Ohio
<br /> 9
<br /> corporation and recorded in the Office of the Register of Deeds of
<br /> Hall County, Nebraska and bearing Instrument No. 99-100059 (the
<br /> "Assignment") ;
<br /> WHEREAS, Grantor and Beneficiary hereto desire in the manner
<br /> of form following to amend, restate and supersede the Original Deed
<br /> so that this Amended and Restated Deed of Trust and Security
<br /> Agreement shall govern the rights and obligations of the parties
<br /> under the Original Deed (the Original Deed as amended and restated
<br /> on even date herewith hereinafter called the "Deed") .
<br /> NOW, THEREFORE, in consideration of the premises and for the
<br /> purpose of securing (a) the payment of Grantor' s Note and all
<br /> amendments, modifications, extensions or renewals thereof, (b) the
<br /> performance of each agreement of Grantor herein contained, and (c)
<br /> the payment of all sums of money, with interest thereon, which may
<br /> be paid or advanced by, or may otherwise be due to, Trustee or
<br /> Beneficiary under any provision of this Deed or the Note; Grantor
<br /> has granted, bargained, sold and conveyed, and by these presents
<br /> does grant, bargain, sell and convey unto Trustee the following
<br /> property, to-wit:
<br /> FEE PARCEL: All of the fee simple interest in and to that
<br /> certain tract or parcel of land lying and being in the County of
<br /> Hall, State of Nebraska and being more particularly described as
<br />
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