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<br /> State of Nebraska Space Above This Line For Recording Data
<br /> �
<br /> � REAL ESTATE DEED OF TRUST
<br /> � (With Future Advance Clause)
<br /> r , f�Construction Security Agreement �
<br /> w 1. DATE AND PAR'I'IES. T'he date of this Deed of Trust is ....... DEC�IBER,,1,..1999,,,.......,, and the parties and their
<br /> addresses are as follows:
<br /> TRUSTOR: ��T AiTIl7 S'IbRFS, L.L.C.
<br /> A NEBR LIMITID LIABILITY C�OMPANY
<br /> 4115 SOUTH 133RD STREEI'
<br /> OMP,��, NE 68137
<br /> TAXPAYER I.D. #: 47-0825499
<br /> ❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br /> TRUSTEE: P�� �Z
<br /> A NEBRASKA CC�RPORATION
<br /> 13131 WEST DODGE ROAD
<br /> OMA�-�A, NE 68154
<br /> TAXPAYER I.D. #: 47-0098450
<br /> BENEFICIARY: P�� �NK
<br /> A NEBRASKA CnRFORATION
<br /> P.O. BOX 540001
<br /> OMP,��,, NE 68154
<br /> TAXPAYER I.D. ##: 47-0098450
<br /> 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to
<br /> secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the
<br /> benefit of the Beneficiary, with power of sale, the following described property: L�7I' 2, FONNER FOURTH
<br /> SCIBDIVISION IN THE CITY OF C�11ND ISL�ND, HP,T� Cl7UNTY, PTEBRP,SKA; TC)GEI'HIIZ WITH
<br /> NON-EXCZUSIVE EASIIKQVT RIQ-�'I'S C17NTAIl�lID IN DECZARATION OF EASII�!' DATID AL7GtJST 12,
<br /> 1998, FILED ALK�TST 31, 1998 AS INSTRUMENT N0. 98-108530, HALL CbUNTY RECbRDS.
<br /> Theproperty is located in ..��............................................................. at ............................................
<br /> (Counry)
<br /> L�0'T,2„FONNffL.4TH,SUBDIVISION........ .....GRAND.ISLAND.................., Nebraska ................................
<br /> (Address) (Ciry) (ZIP Code)
<br /> Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all
<br /> diversion payments or third party payments made to crop producers, and all existing and future improvements, structures,
<br /> fixtures, and replacements that may now, or at any time in the future, be part of the real estate described above (all
<br /> refened to as "Property"). The term Property also includes, but is not limited to, any and all water wells, water, ditches,
<br /> reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property,
<br /> however established.
<br /> 3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured by this
<br /> Deed of Trust at any one time shall not exceed$ 675�200,00 ....... . This limitation of amount does
<br /> . .........................
<br /> not include interest, loan charges, commitment fees, brokerage commissions, attomeys' fees and other charges validly
<br /> made pursuant to this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the
<br /> terms of this Deed of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of
<br /> Trust. Future advances aze contemplated and, along with otner future obligations, are secured by this Deed of Trust even
<br /> though all or part may not yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to
<br /> make additional or future loans or advances in any amount. Any such commitment would need to be agreed to in a separate
<br /> writing.
<br /> 4. SECURED DEBT DEF'INED. The term "Secured Debt" includes, but is not limited to, the following:
<br /> A. The promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all extensions,
<br /> renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it is suggested that
<br /> you include items such as borrowers'names, note amounts, interest rates, maturity dates, etc.)
<br /> PROMISSORY NOTE # 68-122610-68 DATED DEC��IBER l, 1999
<br /> PINNACLE BANK
<br /> 13131 WES7 DODGE ROAD
<br /> OMAH�;E���'�iIC�U1,T,�pL/COMMERCIAL DEED OF TRUST (NOT FOR FNMA,FHLMC,FHA OR VA USE,AND NOT FOR CONSUMER PURPOSES) page 1 of 6
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