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<br /> 99 10s54 � �S.�S�
<br /> �� Deed of Trust, Security Agreement
<br /> N�WLQBANKS and Fixture Financing Statement
<br /> ���� (Nebraskal
<br /> This Deed of Trusi, SecurityAgreement and Fixture Financing Statement("Deed of Trust")is made 06-24-1999 , by and
<br /> berween Reed and Reed Inc.
<br /> /the "T�ustor"/a(n) C Cor oration
<br /> Norwest Bank Nebraska National Association
<br /> (the "Trusiee"/, a national banking association, and
<br /> Norwest Bank Nebraska National Association
<br /> (the "Beneficiary"J, a national banking association. WITNESSETH:
<br /> lF TH/S BOX/S CHECKED I� TH/S DEED OF TRUST CONST/TUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THE NEBRASKA CONSTRUCT/ON LlEN ACT AND CREATES, GRANTS AND
<br /> CONSTITUTES A CONSTRUCTION SECUR/TY INTEREST/N THE PROPERTY DESCR/BED BELOW.
<br /> WHEREAS,
<br /> �l Trustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br /> Dollars (S��� p 0 n n 0 J, dated n ti_�a_� q 9 q ,payable to the order of Beneficiary and having a maturity of
<br /> ��_��_� q q q , together with interest thereon, late charges,prepayment penalties, any future advances, and all
<br /> extensions, modifications, substitutions and�enewals thereof(hereinafter ihe "Note"1.
<br /> ❑
<br /> /ihe "Bonower"J, has applied to Beneficiary for 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 othe�financial accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Borrower:
<br /> ❑ lf this box is checked, Trusto�has guaranteed to Beneficiary the payment and performance of each and eve�y debt, liability and
<br /> obligation of every type and description which Bo��ower may now or ai any time hereafter owe to Beneficiary(whether such debt,
<br /> liability or obligation now exisis or is hereafter created or incur�ed, and whether it is or may be di�ect or indirect, due or to become
<br /> due, absolute or contingent,primary or secondary, liquidated or unliquidated, or joint, seveial or joint and severall,
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or obligation of
<br /> Borrower to Beneficiary evidenced by or arising out of the following:
<br /> and any exiensions, renewals or replacements thereof, together with accrued interest thereon and related costs of enforcement and
<br /> collection expenses,pursuant to a Guaranty(he�einafier the "Guaranty"1 of even date herewith.
<br /> Trustor shall also pay all other sums, fees or charges, togeiher with interest thereon, advanced to protect the security of this Deed of Trust
<br /> and the performance of the covenants and agreemenis of Tiustor, whether or not set fo�th herein and perform, discharge and comply with
<br /> every term, covenant, obligation and agreement of Trustor contained herein or incorporated by reference (Trusto�'s obligations under the
<br /> Note o�the Guaranty, as applicable, and all such other sums are hereinafter collectively referred to as the "Obligations"l.
<br /> NOW, THEREFORE, in consideration of the p�emises and for the purpose of secu�ing the Obligations, Trustor i�revocably grants
<br /> and transfers to Trustee, in trust, WITH POWER OF SALE, the following described prope�ty located in the County of
<br /> Hal l , State of Nebraska:
<br /> Lot 19, Jeffrey Oaks Fifth Subdivision, City of Grand Island, Hall County, Nebraska.
<br /> SUBJECT TO: easements and resirictions of record, and:
<br /> together wrth lil all buildings, siructures, additions, enlargements, modifications, repairs, replacements, and improvements now o�hereafter
<br /> located thereon, (ii)all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br /> conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, minors and mantels,
<br /> carpeting, furnaces, oi/burners, e/evators and motors, refrigeration p/ants or units, communication systems, dynamos, transformers,
<br /> electrical equipment, storm and screen windows, doors, awnings and shadesl now or hereafter attached to, or built in, any building
<br /> improvement o�imp�ovemeni now o�hereafter located thereon, (iiiJ all easements and rights of way appurtenant thereto, livl all leasehold
<br /> estate, right, title and inierest of Trustor in and to all leases, whether now or hereafter existing o�entered into (including, wiihout limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a similar naturel,pertaining thereto, (v1 all rents, issues,profits
<br /> and income therefrom (subject to the righi of Trustor to col%ct and apply such rents, issues,profits and income as they become due and
<br /> payable so long as no event of default exists hereunder), (vi)all royalties, mrneral, oil and gas righis and p�ofits, water, water righis, and
<br /> water stock, (viil all tenements, hereditaments,privileges and appurtenances be%nging, used or enjoyed in connection therewith, and(viii)all
<br /> p�oceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation,
<br /> proceeds of insurance and condemnatron awards), all of which a�e hereinafter co!lectively the "Trust Property.'
<br /> TO PROTECT THE SECUR/TY OF TH/S DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Tiile. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property lsubject
<br /> to any land sale contract described abovel and has the right to convey the Trust Property, that the Trust Properiy is free from any prior lien
<br /> or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceab/e lien on the Trust
<br /> Property, thai Trustor, at iis expense, will preserve such title and wi!l maintain this Deed of Tiust as a lien upon the Trust Property and will
<br /> forever wanant and defend the validity and p�iority of ihe lien hereof against the claims of all persons and parties whomsoever. Trustor, at its
<br /> expense, will cause ihis Deed of Trust, and each amendment or supp/ement hereto, to be filed and recorded as a morigage of the Trust
<br /> Properiy in such manner and in such place and will take such action as in the opinion of Trustee may be required by any present o�future
<br /> iaw��nrrler ro oerfect, maintain and protect ihe lien of this Deed of Trust, as the same may be amended or supplemented from time to time.
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