Loan No.
<br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
<br />THIS DEED OF TRUST (the "Instrument ") is made this _LIL4 day of November, 2001, by
<br />Bosselman, Inc., a Nebraska corporation, whose address is 3123 West Stolley Park Road, Grand Island,
<br />Nebraska 68802 -1567 ( "Trustor ") to Commercial Federal Bank, A Federal Savings Bank, (the
<br />"Trustee "), whose address is 13220 California Street, Omaha, Nebraska 68125, for the benefit of
<br />Commercial Federal Bank, A Federal Savings Bank, as beneficiary (the "Lender "), whose address is
<br />740 NW Blue Parkway, Attention: Loan Servicing, Lee's Summit, Missouri 64086 -5713.
<br />WITNESSETH
<br />Trustor irrevocably grants, conveys, transfers and assigns to Trustee, in trust, with power of sale,
<br />that real property in Hall County, Nebraska, described as on Exhibit A attached hereto,
<br />TOGETHER with all interest which Trustor now has or may hereafter acquire in or to said
<br />property and in and to: (a) all easements and rights of way appurtenant thereto, and all heretofore or
<br />hereafter vacated alleys and streets abutting said property; and (b) all buildings, structures, tenements,
<br />improvements, fixtures, and appurtenances now or hereafter placed thereon, including, but not limited to,
<br />all apparatus, machinery, equipment, engines, building materials, appliances and fixtures of every nature
<br />whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with said
<br />property, including, but not limited to, those for the purposes of supplying or distributing air conditioning,
<br />gas, electricity, water, ventilation, laundry, drying, dishwashing, garbage disposal and other services; and
<br />all related machinery and equipment, fire prevention and extinguishing apparatus, security and access
<br />control apparatus, sinks, stoves, refrigerators, dishwashers, disposals, washers, dryers, and furniture, it
<br />being intended and agreed that such items, including replacements and additions thereto, be conclusively
<br />deemed to be affixed to and be part of the real property that is conveyed hereby; and (c) all cabinets,
<br />shelving, furniture, displays, lights, machinery and other trade fixtures attached or otherwise installed on
<br />said property used for a trade or business, it being intended and agreed that such items, including
<br />replacements and additions thereto, be conclusively deemed to be affixed to and be part of the real
<br />property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights and profits, water and
<br />water rights (whether or not appurtenant) owned by Trustor and shares of stock pertaining to such water
<br />or water rights, ownership of which affects said property; and (e) the rents, income and issues, of all
<br />properties covered by this Instrument; SUBJECT, HOWEVER, to the terms and conditions herein set
<br />forth. Trustor agrees to execute and deliver, from time to time, such further instruments as may be
<br />requested by Lender to evidence or confirm the lien of this Instrument on any such properties. The
<br />properties conveyed to Trustee hereunder are hereinafter referred to as the "Property."
<br />FOR THE PURPOSE OF SECURING:
<br />(1) Payment of the sum of Twenty Three Million Seven Hundred Seventy Five Thousand
<br />Dollars ($23,775,000.00) , with interest thereon, according to the terms of a Promissory Note of even date
<br />herewith and having a final maturity date of January 1, 2012, made jointly by Trustor, Bosselman, Inc. of
<br />Iowa, an Iowa corporation, Bosselman, Inc. of Kansas, a Kansas corporation, Bosselman, Inc. of Big
<br />Springs, a Nebraska corporation, Bosselman, Inc. of Oklahoma, an Oklahoma corporation, and
<br />Bosselman Properties, Inc., a Nebraska corporation (each a `Borrower" and collectively with Trustor,
<br />"Borrowers ") payable to Lender or to order, and all modifications, extensions or renewals thereof,
<br />together with any future advances made by Lender (the "Note ").
<br />(2) Payment of such additional sums with interest thereon (a) as may be hereafter advanced
<br />by Lender pursuant to this Instrument (herein "Future Advances "); and (b) as may be incurred, paid out,
<br />M
<br />t
<br />C:)
<br />MI
<br />N
<br />e
<br />rn
<br />r.rl
<br />c-�
<br />Z
<br />CID
<br />Te
<br />C'.)
<br />F—`
<br />`*1
<br />G G
<br />O
<br />�=
<br />F�
<br />CAD
<br />Cf)
<br />co
<br />C-11
<br />a
<br />C=)
<br />""'''
<br />C
<br />200.112870
<br />-SPACE ABOVE RESERVED FOR RECORDER'S USE-
<br />Loan No.
<br />DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
<br />THIS DEED OF TRUST (the "Instrument ") is made this _LIL4 day of November, 2001, by
<br />Bosselman, Inc., a Nebraska corporation, whose address is 3123 West Stolley Park Road, Grand Island,
<br />Nebraska 68802 -1567 ( "Trustor ") to Commercial Federal Bank, A Federal Savings Bank, (the
<br />"Trustee "), whose address is 13220 California Street, Omaha, Nebraska 68125, for the benefit of
<br />Commercial Federal Bank, A Federal Savings Bank, as beneficiary (the "Lender "), whose address is
<br />740 NW Blue Parkway, Attention: Loan Servicing, Lee's Summit, Missouri 64086 -5713.
<br />WITNESSETH
<br />Trustor irrevocably grants, conveys, transfers and assigns to Trustee, in trust, with power of sale,
<br />that real property in Hall County, Nebraska, described as on Exhibit A attached hereto,
<br />TOGETHER with all interest which Trustor now has or may hereafter acquire in or to said
<br />property and in and to: (a) all easements and rights of way appurtenant thereto, and all heretofore or
<br />hereafter vacated alleys and streets abutting said property; and (b) all buildings, structures, tenements,
<br />improvements, fixtures, and appurtenances now or hereafter placed thereon, including, but not limited to,
<br />all apparatus, machinery, equipment, engines, building materials, appliances and fixtures of every nature
<br />whatsoever now or hereafter located in, or on, or used, or intended to be used in connection with said
<br />property, including, but not limited to, those for the purposes of supplying or distributing air conditioning,
<br />gas, electricity, water, ventilation, laundry, drying, dishwashing, garbage disposal and other services; and
<br />all related machinery and equipment, fire prevention and extinguishing apparatus, security and access
<br />control apparatus, sinks, stoves, refrigerators, dishwashers, disposals, washers, dryers, and furniture, it
<br />being intended and agreed that such items, including replacements and additions thereto, be conclusively
<br />deemed to be affixed to and be part of the real property that is conveyed hereby; and (c) all cabinets,
<br />shelving, furniture, displays, lights, machinery and other trade fixtures attached or otherwise installed on
<br />said property used for a trade or business, it being intended and agreed that such items, including
<br />replacements and additions thereto, be conclusively deemed to be affixed to and be part of the real
<br />property that is conveyed hereby; and (d) all royalties, minerals, oil and gas rights and profits, water and
<br />water rights (whether or not appurtenant) owned by Trustor and shares of stock pertaining to such water
<br />or water rights, ownership of which affects said property; and (e) the rents, income and issues, of all
<br />properties covered by this Instrument; SUBJECT, HOWEVER, to the terms and conditions herein set
<br />forth. Trustor agrees to execute and deliver, from time to time, such further instruments as may be
<br />requested by Lender to evidence or confirm the lien of this Instrument on any such properties. The
<br />properties conveyed to Trustee hereunder are hereinafter referred to as the "Property."
<br />FOR THE PURPOSE OF SECURING:
<br />(1) Payment of the sum of Twenty Three Million Seven Hundred Seventy Five Thousand
<br />Dollars ($23,775,000.00) , with interest thereon, according to the terms of a Promissory Note of even date
<br />herewith and having a final maturity date of January 1, 2012, made jointly by Trustor, Bosselman, Inc. of
<br />Iowa, an Iowa corporation, Bosselman, Inc. of Kansas, a Kansas corporation, Bosselman, Inc. of Big
<br />Springs, a Nebraska corporation, Bosselman, Inc. of Oklahoma, an Oklahoma corporation, and
<br />Bosselman Properties, Inc., a Nebraska corporation (each a `Borrower" and collectively with Trustor,
<br />"Borrowers ") payable to Lender or to order, and all modifications, extensions or renewals thereof,
<br />together with any future advances made by Lender (the "Note ").
<br />(2) Payment of such additional sums with interest thereon (a) as may be hereafter advanced
<br />by Lender pursuant to this Instrument (herein "Future Advances "); and (b) as may be incurred, paid out,
<br />
|