|
�, .' � ^ n � o -�-# �
<br /> � � �+
<br /> C m tDi� � \ c T ..�_.� rn � �
<br /> C� l� Z � _ � � � -' c� C� �
<br /> = D p c;_,� N �-u� -,i � �
<br /> Cl s �� � -�+i r � '`t � �► cn
<br /> - � : t� ��v _� p � 0 �
<br /> i r � � C� � � r � � �
<br /> fll '� i u' 4' � �
<br /> ;. c� ;:�;
<br /> y, `v
<br /> � ; � � �
<br /> �.... r-r
<br /> O ' � W j�j� � p
<br /> � ! .
<br /> 99 10653�
<br /> �S
<br /> �
<br /> �_� Deed of Trust, Security Agreement
<br /> ��BANKS and Fixture Financing Sta temen t
<br /> (Nebraskal
<br /> This Deed of Trust, SecurityAgreement and Fixture Financing Statement("Deed of Trust"1 is made 06-24-1999 , by and
<br /> between Reed and Reed Inc.
<br /> (the "Trustor"J a/n) 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/S CHECKED � TH/S DEED OF TRUST CONST/TUTES A CONSTRUCTION SECUR/TY
<br /> AGREEMENT UNDER THE NEBRASKA CONSTRUCT/ON UEN ACT AND CREATES, GRANTS AND
<br /> CONST/TUTES A CONSTRUCTION SECURITY INTEREST/N THE PROPERTY DESCR/BED BELOW.
<br /> WHEREAS,
<br /> �1 Trusto�has executed and delivered to Beneficiary a promissory note in the p�incipal sum of
<br /> Sevent�-FivP Thrn�Ganc� anr3 ���� ��
<br /> Dollars (S �S ���_ �p J, dated p�_�4_� q q q ,payable to the order of Beneficiary and having a maturity of
<br /> ��-�p--I q q 9 , together with interest thereon, late cha�ges,prepayment penalties, any future advances, and all
<br /> extensions, modifications, substitutions and renewals thereof/hereinafter the "Note"1.
<br /> ❑
<br /> (the "Borrower"), has app/ied to Beneficiary for one or more/oans, /etters of c�edit, or other financia/accommodations and may he�eafter
<br /> from time to time apply to Beneficiary for additional/oans, letters of credit and othe�frnancial accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Bor�owe�:
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debi, liability and
<br /> obligation of every type and desc�iption which Borrower may now or at any trme hereafier owe to Beneficiary(whether such debt,
<br /> liability or obligation now exists o�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, seve�al or joint and severalJ,
<br /> ❑ lf this box is checked, Trustor has gua�anteed to Beneficiary the payment and performance of ihe debt, liability, or obligation of
<br /> Bor�ower to Beneficiary evidenced by or arising out of the following:
<br /> and any extensions, renewals or replacements thereof, together with acc�ued interest thereon and�elated costs of enforcement and
<br /> collection expenses,pursuant to a Guaranty(hereinafter the "Gua�anty"J of even date herewith.
<br /> Trustor sha//a/so pay a//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, whethe�o�not set forth he�ein and perform, discharge and comply with
<br /> every term, covenant, obligation and agreement of Trustor contained he�ein or incorporated by reference (Trustor's obligations under the
<br /> Note or the Guaranty, as applicable, and all such other sums are hereinafter col%ctively refe��ed to as the "Obligations"1.
<br /> NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Trustor i�revocably grants
<br /> and transfers to Trustee, in trust, WITH POWER OF SALE, the fol%wing described p�operty located in the County of
<br /> Hal l , State of Nebraska:
<br /> Lot 15, Jeffrey Oaks Fifth Subdivision, City of Grand Island, Hall County, Nebraska.
<br /> SUBJECT T0: easements and restrictions of�eco�d, and:
<br /> together with (i)all buildings, structures, additions, enlargements, modifications, repairs, �eplacements, and improvements now or hereafter
<br /> located thereon, (ii/all equipment, machine�y and fixtures (including, withoui limitation, all lighting, heating, ventilating, cooling, air
<br /> conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mi�rors and mantels,
<br /> carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers,
<br /> elecirical 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, (ivJ 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 natureJ,pertaining ihereto, (vl all rents, issues,profits
<br /> and income therefiom /subject to the right of Trustor to co//ect and app/y such rents, issues,profits and income as they become due and
<br /> payable so long as no event of default exisis hereunderl, (vil al!royalties, mineral, oil and gas rights and profits, water, water rights, and
<br /> water stock, (viiJ all tenements, herediiaments,privileges and appurtenances be%nging, used or enjoyed in connection theiewith, and Iviii/all
<br /> proceeds of conve�sion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation,
<br /> proceeds of insurance and condemnation awardsl, all of which are hereinafter co!lectively the "Trust Property."
<br /> TO PROTECT THE SECURITY OF TH/S 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 Trustor owns the Trust Piopeity(subject
<br /> to any/and sa/e contract described abovel and has the right to convey the Trust Property, that the Trust Property is f�ee fiom any prior lien
<br /> or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a va/id and enforceable lien on the Trust
<br /> Property, ihat T�usior, ai its expense, will preserve such tit/e and will maintain this Deed of Trust as a lien upon the Tiust Property and will
<br /> forever warrani and defend ihe validity and prioriiy of the lien hereof against the claims of all persons and parties whomsoever. Trustor, at its
<br /> expense, will cause this Deed of T�ust, and each amendmeni or supp/ement hereto, to be filed and recorded as a mortgage of the Trust
<br /> Properiy in such manner and in such place and will take such action as in the opinion oi Trustee may be required by any present or future
<br /> law in orde�to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or supp/emented fiom time to time.
<br /> T.....s......://.....,L.. ..��..L. i�..sl.....,.....�..�....n....,....��..,.....,.. �.. ...,rfnnt.�.. �:�/.. s.. �/... T.��..�O.nn�.��.�n m�.i{.e .eir....e!/{.�.Qanefini�ni TriicMr
<br />
|