|
r - rn � = t"3 � .
<br /> J> w
<br /> r rn cn cc� `d"� .�''� rn
<br /> �" z- �-' f '� � e v C� v
<br /> , � Ui �:; m � � —�.� f� �.I c�D
<br /> �fi N `� Q 1 Q-
<br /> CJ �T'1
<br /> -r� CL7 'Y'1 2 � v�i
<br /> � C7 � � 1� �
<br /> �`rl n � "'p 'y Ck7 � (/)
<br /> rn i'S � �-- 7p �
<br /> � r n� � �
<br /> --� v>
<br /> r G' � u' �
<br /> � � vv W �
<br /> n N �`�'" � G
<br /> �
<br /> 99 1065.37 °�s-s
<br /> 0
<br /> �■� Deed of Trust, Security Agreement
<br /> ��BANKS and Fixture Financing Statement
<br /> ��� (Nebraskal
<br /> This Deed of Trust, SecurityAgreement and Fixture Financing Statement("Deed of Trust"1 is made 06-24-1999 , by and
<br /> berween Reed and Reed, Inc.
<br /> (the "Trustor"1 a(n1 C Corporation
<br /> Norwest Bank Nebraska. National Association
<br /> (the "Trustee"J, a national banking association, and
<br /> Norwest Bank Nebraska National Association
<br /> (the "Beneficiary"), a national banking association. WITNESSETH:
<br /> lF TH/S BOX lS CHECKED C� 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 lN THE PROPERTY DESCRIBED BELOW.
<br /> WHEREAS,
<br /> �1 Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br /> SPVt�nt�/-Fivr� ThrniGant3 anr3 0��'100
<br /> Dollars lS �S, n n n_0 0 J, dated ��_�q_� q q q ,payable to the o�der of Beneficiary and having a maturity of
<br /> � �-'1 �-� 9 A 9 , together with interest thereon, late charges,p�epayment penalties, any future advances, and all
<br /> extensions, modifications, substitutions and renewals the�eof/hereinafter the "Note"I.
<br /> ❑
<br /> (the "Borrower"), has applied to Beneficiary foi 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 oiher financial accommodatrons, and to induce Beneficiary
<br /> to provide financial accommodations to Borrower:
<br /> ❑ lf this box is checked, Tiusto�has guaranieed to Beneficiary the payment and performance of each and every debt, liability and
<br /> obligation of eve�y type and description which Borrowe�may now or at any time hereafter owe to Beneficiary(whether such debt,
<br />' /iabi/ity or ob/igation now exists or is hereafter created or incurred, and whether it is o�may be direct or indi�ect, due or to become
<br /> due, absolute or contingent,primary or secondary, liquidated or unliquidated, or joint, severa!o�joini and severall,
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficia�y the payment and perfo�mance of the debt, liability, or obligation of
<br /> Borrower to Beneficiary evidenced by or arising out of the fol%wing:
<br /> and any extensions, renewa/s o�rep/acements thereof, togethe�with accrued interest the�eon and re/ated costs of enforcement and
<br /> col%ction expenses,pursuant to a Guaranty(hereinafter the "Guaranty"J of even date he�ewith.
<br /> T�usior shall also pay all other sums, fees or charges, together with inte�est thereon, advanced to protect the security of this Deed of T�ust
<br /> and the performance of the covenants and agreements of Trustor, whether or not set forth he�ein 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"l.
<br /> NOW, THEREFORE, in conside�ation of the premises and for the pu�pose 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 /> Lot 21, Jeffrey Oaks Fifth Subdivision, City of Grand Island, Hall County, Nebraska.
<br /> SUBJECT TO: easements and restrictions of record, and:
<br /> together with (il all buildings, structu�es, additions, enlargements, modifications, repai�s, replacements, and improvements now or hereafter
<br /> located thereon, /ii1 all equipment, machinery and fixtu�es (including, without limitation, all lighting, heating, ventilating, cooling, air
<br /> conditioning, sp�ink/ing and p/umbing fixtures, water and powei systems, engines, boi/ers, ranges, ovens, dishwashers, minors and mante/s,
<br /> carpeting, furnaces, oi/burneis, e/evators and motors, refrigeration p/ants or units, communication systems, dynamos, tiansformers,
<br /> electrical equipment, storm and screen windows, doors, awnings and shadesl now or hereaftei attached to, or built in, any building
<br /> improvement or improvement now or hereafte�located thereon, /iiil all easements and rights of way appurtenant the�eto, (iv)all leasehold
<br /> estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or ente�ed into (including, without limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a simila�natureJ,pertaining thereto, /v1 all rents, issues,profits
<br /> and income therefrom (subject to the righi of Tiustor to collect and apply such renis, issues,p�ofits and income as they become due and
<br /> payable so long as no event of default exists hereunderl, lvil all�oyalties, mineral, oil and gas rights and profits, water, water rights, and
<br /> water stock, (viil all tenements, hereditaments,privileges and appurtenances belonging, used or enjoyed in connection therewith, and lviiil al/
<br /> proceeds of conve�sion, vo/untary o�invo/untary, of any of the foregoing into cash or/iquidated c/aims (inc/uding, without/imitation,
<br /> proceeds of insurance and condemnation awardsJ, all of which are he�einafter col%ctive/y the "Trust P�operty."
<br /> TO PROTECT THE SECUR/TY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Tit/e. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Tiustor owns the Tiust Property(subject
<br /> to any land sale contract described aboveJ and has the right to convey the Trust Property, that the T�ust Property is free fiom any prio�lien
<br /> or encumb�ance except as otherwise listed above, that this Deed of Trust is and wrll remain a valid and enforceab/e lien on the Tiust
<br /> Prope�ty, ihat Trustor, at its expense, will preserve such tit/e and will maintain this Deed of Tiust as a lien upon the Trust Property and will
<br /> forever wanant and defend the validity and priority of the lien hereof against the claims of all persons and pa�ties whomsoever. Trustor, at its
<br /> expense, will cause this Deed of Tiust, an.d each amendment o�supp/ement hereto, to be filed and�ecorded as a mortgage of the Tiust
<br /> Property in such manner and in such p/ace and will take such action as in the opinion of Trustee may be required by any p�esent or future
<br /> law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended o�supplemented fiom time io time.
<br /> Trusfnr will maksi such furthar acciiranra nr accuranrnc tn nn�fnrt irc fir/n rn thn Tr,.��P.n.,e.r�.�� ..���./,e.e..,,,.o.d 1,,.Oa.,as;..;�... T...�r.,.
<br />
|