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DEED OF-TINW WH RnVRE ADVANCES
<br />THIS.DM OF TRUST. is made as dole 30TH days DECEMBER . is" y by &W
<br />"Trueeoti A-& L 10P11RMS• INC. A NEBRASKA CORPOKATION
<br />whose mailirq address is 68802 (cram " Trustor." owilm one or nark,
<br />the Thoom F11 V R POINTS BANK
<br />i ta_ BAY i 507 GRAVQ TSLANn 1,1B _ 69 02 -1507
<br />wlaoetrtW'irgeddressis _�.- —� pterNr►"Tnrstaa� and
<br />y PIVE POINTS BANK
<br />wfwse mtiling address is p _ e. SAX 1507, c,RAxn ISLAND WE 68802 -1507 (berm "Lertdary ,
<br />FOR VALUABLE C&MDER11T11!? l including Lender's extension of credit identified herein to A & L FARMS, IHC -
<br />A NEBRASKA CORPORATION (heroin "Borrower. whether one or more) and the trust herein created.
<br />Me receipt of which is hereby acknowledged. Trustor hereby irrevocably grants,- transfers, conveys and assigns to Thisbe. IN
<br />TRUST, WITH POWER OFSALE. forthebenefit and security of Lender, underand subject to the termsand conditions hersinafterset
<br />forth. the real property. described o follows:
<br />SEE ATTACHED
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte-
<br />nances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and
<br />such personal property that Is attached to the improvements so as to constitute a fixture, including, but not limited to. heating and
<br />cooling equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all
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<br />of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and all of the foregoing being 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 promissory note or creditN
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<br />agreement dated 12 -30 -93 havu[3 a maturity date of 12- 30 -94'
<br />in the original principal amount of $ 75.000.00 , and any and all modifications. extensions and renewals
<br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder
<br />pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by
<br />Lender to protect the security of the Note; (c) the performance of ail covenants and agreements . Trustor set forth herein; and (d) all
<br />present and future indebtedness and obligations of Borrower (or any of them if more than one�,�s tender whether direct, indirect,
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<br />absolutb or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note. this Deed of Trust and any and all
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<br />other docuents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements and asslgrments of leases and rents, shall be referred to herein as the "Loan Instruments ".
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<br />Trustor covenants and agrees with. Lender as follows:
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<br />1. Payment of indebtedness. All indebtedness secured hereby shall be paid when due.
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<br />2 Thle. Trustor Is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien
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<br />created hereby Is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution o1 this Deed of Trust, and theoxecution and delivery of this Deed of Trust does notviolate any
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<br />contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />1. Msurence. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ". and
<br />such Other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional
<br />named insured, with loss payable to the Lender. In case of toss under such policies, the Lender Is authorized to adjust, collect and
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<br />compromise, all Claims thereunder and shall have the option of applying all or part of the Insurance proceeds (I) to any Indebtedness
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<br />secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property
<br />or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured ;. .
<br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due !.
<br />date of any payments under the Note, or cure any default thereunder or hereunder.
<br />b Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate. sufficient
<br />sums to enable Lender to pay as they becomedue one or moreof the following: (i) all taxes, assessments and other charges against
<br />the Property, (ii) the premiums on the property insurance required hereunder, and (Iii) the premiums on any mortgage insurance
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<br />required by Lender.
<br />6. MsNINrtarm, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair, shall '•
<br />promptly repair. or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or .
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<br />cloWlaration of the Property: shall not remove. demolish or substantially alter any of the Improvements on the Property; shall not
<br />commit suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and
<br />promptly discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the
<br />Properly or any part thereof. '
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<br />7. Erfurt& Doadiln. Linder is hereby assigned all compensatlon, &wards, damages and other payments or relief (hereinafter - - -
<br />"Proceeds') Iri connection with condemnation or other fakir of the Pro
<br />g pert)ror part thereof, or for conveyance in lieu ofcondemna-
<br />tion. Lender shall be entitled at its option to commence, appear In and prosecute in its own name any action or proceedings. and
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<br />shall also boentitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of
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