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DEED OF TRUST
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<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 201h day of May, 2004 by and among the Trustor, Edwards --?,-.7,
<br />Building Corp., a Nebraska corporation, whose mailing address for purposes of this Deed of Trust is 1710 South
<br />Locust, Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK,
<br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand
<br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Edwards
<br />Building Corp., Tommy's Inc. and Tommy D. Edwards (herein "Borrower ", whether one or more), and the trust
<br />herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys
<br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and
<br />subject to the terms and conditions hereinafter set forth, legally described as follows:
<br />LOT ONE (1), FONNER SUBDIVISION AN ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA EXCEPT A CERTAIN TRACT DEEDED TO THE
<br />CITY OF GRAND ISLAND, NEBRASKA MORE PARTICULARLY DESCRIBED IN
<br />WARRANTY DEED RECORDED AS DOCUMENT NO. 2003 l 6348
<br />AND
<br />LOT ONE (1), JNW SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY,NEBRASKA
<br />AND
<br />LOT TWO (2), JNW SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY,NEBRASKA
<br />AND
<br />THE SOUTH ONE HUNDRED FORTY (140.0) FEET OF THE WEST THREE
<br />HUNDRED (300.0) FEET OF LOT THREE (3) FONNER THIRD SUBDIVISION, IN
<br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA EXCEPTING
<br />CERTAIN TRACTS DEEDED TO THE CITY OF GRAND ISLAND, NEBRASKA
<br />MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED AS
<br />DOCUMENT NO. 82- 003073 AND IN WARRANTY DEED RECORDED AS
<br />DOCUMENT NO. 200316364
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of
<br />Trust Note dated May 20, 2004, having a maturity date of June 1, 2014, in the original principal amount of Nine
<br />Hundred Ninety Six Thousand and 00 /100 Dollars ($996,000.00), and any and all modifications, extensions and
<br />renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more
<br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants
<br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower
<br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by
<br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the
<br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
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<br />This DEED OF TRUST is made as of the 201h day of May, 2004 by and among the Trustor, Edwards --?,-.7,
<br />Building Corp., a Nebraska corporation, whose mailing address for purposes of this Deed of Trust is 1710 South
<br />Locust, Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK,
<br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand
<br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009
<br />(herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Edwards
<br />Building Corp., Tommy's Inc. and Tommy D. Edwards (herein "Borrower ", whether one or more), and the trust
<br />herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys
<br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and
<br />subject to the terms and conditions hereinafter set forth, legally described as follows:
<br />LOT ONE (1), FONNER SUBDIVISION AN ADDITION TO THE CITY OF GRAND
<br />ISLAND, HALL COUNTY, NEBRASKA EXCEPT A CERTAIN TRACT DEEDED TO THE
<br />CITY OF GRAND ISLAND, NEBRASKA MORE PARTICULARLY DESCRIBED IN
<br />WARRANTY DEED RECORDED AS DOCUMENT NO. 2003 l 6348
<br />AND
<br />LOT ONE (1), JNW SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY,NEBRASKA
<br />AND
<br />LOT TWO (2), JNW SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL
<br />COUNTY,NEBRASKA
<br />AND
<br />THE SOUTH ONE HUNDRED FORTY (140.0) FEET OF THE WEST THREE
<br />HUNDRED (300.0) FEET OF LOT THREE (3) FONNER THIRD SUBDIVISION, IN
<br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA EXCEPTING
<br />CERTAIN TRACTS DEEDED TO THE CITY OF GRAND ISLAND, NEBRASKA
<br />MORE PARTICULARLY DESCRIBED IN WARRANTY DEED RECORDED AS
<br />DOCUMENT NO. 82- 003073 AND IN WARRANTY DEED RECORDED AS
<br />DOCUMENT NO. 200316364
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of
<br />Trust Note dated May 20, 2004, having a maturity date of June 1, 2014, in the original principal amount of Nine
<br />Hundred Ninety Six Thousand and 00 /100 Dollars ($996,000.00), and any and all modifications, extensions and
<br />renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more
<br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants
<br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower
<br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by
<br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the
<br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
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