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M 2 D <br />T <br />Zn= O n CIO O O <br />a Z D <br />rn cn <br />r) _ z --A m O <br />M -< p <br />CD <br />v1 <br />M 3 r O <br />o r n <br />cn F -► ►—► <br />co <br />00 (n C n <br />State of Nebraska Space Above This Line For Recording Data <br />REAL ESTATE DEED OF TRUST <br />(With Future Advance Clause) <br />❑ Construction Security Agreement <br />1. DATE AND PARTIES. The date of this Deed of Trust is .............. ....12;26;2001................. <br />addresses are as follows: <br />TRUSTOR: Highland Park Lawn Company, A Nebraska Corporation <br />402 Claude Road <br />Grand Island, NE 68803 <br />co <br />CIO <br />cr <br />CP <br />ai <br />O <br />W <br />and the parties and their C> <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />1333 N. Webb Road P.O. Box 5138 <br />Grand Island, NE 68801.5138 <br />47. 0098350 <br />BENEFICIARY: Heritage Bank <br />1333 North Webb Road <br />P.O. Box 5138 <br />Grand Island, NE 68802 <br />47- 0098350 <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: <br />Lot Two (2), Westgate Third Subdivision, Grand Island, Hall County, Nebraska. <br />The property is located in ... ............................... Hall............... ........ at .............402 Claude.Road ........... <br />(County) <br />....................... ..............................I Grand Island....... Nebraska 68.803 <br />(Address) (City) (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 />referred 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 $ 1,¢O,,QQ,Q,QO . . . . ............... . ................ . This limitation of amount does <br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' 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 are contemplated and, along with other 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 DEFINED. 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 />Guaranty dated 12126101 executed by Highland Park Lawn Company to support the indebtedness of HPLC, Inc. <br />