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THIS DEED OF TRUST is made this LL_ day of March, 2002,
<br />by and among METTENBRINK FARMS, INC., a Nebraska corporation,
<br />herein referred to as "Trustor ", whose mailing address is 3042 N.
<br />Engleman Road, Grand Island, Nebraska 68803; BRUCE I. SMITH,
<br />Attorney -at -Law, hereinafter referred to as "Trustee ", whose
<br />mailing address is P. 0. Box 790, Grand Island, Nebraska 68802;
<br />and ROBERT G. WENZL and REBURTA R. WENZL, husband and wife, as
<br />equal tenants in common, hereinafter referred to as
<br />"Beneficiary ", whose mailing address is 2708 Arrowhead Road,
<br />Grand Island, Nebraska 68801.
<br />For valuable consideration, Trustor irrevocably grants,
<br />transfers, conveys and assigns to Trustee, in trust, with power
<br />of sale, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Deed of Trust, the
<br />Trustor's interest in the following- described property located in
<br />Hall County, Nebraska, to -wit:
<br />Lot One (1) Wenzl Second Subdivision, Hall County,
<br />Nebraska,
<br />together with all buildings, improvements, fixtures and appurte-
<br />nances located thereon or in any way pertaining thereto, and the
<br />rents, issues, profits, reversions and the remainders thereof,
<br />including all such personal property that is attached to the im-
<br />provements so as to constitute a fixture, all of which, including
<br />replacements and additions thereto, are hereby declared to be a
<br />part of the real estate conveyed in trust hereby, it being agreed
<br />that all of the foregoing shall be hereinafter referred to as the
<br />"Property ".
<br />FOR THE PURPOSE OF SECURING:
<br />(a) the payment of indebtedness evidenced by
<br />Trustor's note of even date herewith in the prin-
<br />cipal sum of TWO HUNDRED THOUSAND AND N01100
<br />DOLLARS ($200,000.00), together with interest at
<br />the rate provided therein, or the principal and
<br />interest on any future advance not to exceed the
<br />total principal sum initially secured hereby as
<br />evidenced by promissory notes stating they are se-
<br />cured hereby, and any and all renewals, modifica-
<br />tions and extensions of such notes, both principal
<br />and interest on the notes being payable in accor-
<br />dance with the terms set forth therein, which by
<br />this reference is hereby made a part hereof;
<br />(b) the performance of each agreement and
<br />covenant of Trustor herein contained; and
<br />(c) the payment of any sum or sums of money
<br />which may be hereafter paid or advanced by Benefi-
<br />ciary under the terms of this Deed of Trust, to-
<br />gether with interest thereon at the rate provided
<br />in the note.
<br />To protect the security of this Deed of Trust, Trustor
<br />hereby covenants and agrees as follows:
<br />1. Payment of Indebtedness. To pay when due, the princi-
<br />pal of, and the interest on, the indebtedness evidenced by the
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<br />DEED OF TRUST
<br />-1.
<br />THIS DEED OF TRUST is made this LL_ day of March, 2002,
<br />by and among METTENBRINK FARMS, INC., a Nebraska corporation,
<br />herein referred to as "Trustor ", whose mailing address is 3042 N.
<br />Engleman Road, Grand Island, Nebraska 68803; BRUCE I. SMITH,
<br />Attorney -at -Law, hereinafter referred to as "Trustee ", whose
<br />mailing address is P. 0. Box 790, Grand Island, Nebraska 68802;
<br />and ROBERT G. WENZL and REBURTA R. WENZL, husband and wife, as
<br />equal tenants in common, hereinafter referred to as
<br />"Beneficiary ", whose mailing address is 2708 Arrowhead Road,
<br />Grand Island, Nebraska 68801.
<br />For valuable consideration, Trustor irrevocably grants,
<br />transfers, conveys and assigns to Trustee, in trust, with power
<br />of sale, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Deed of Trust, the
<br />Trustor's interest in the following- described property located in
<br />Hall County, Nebraska, to -wit:
<br />Lot One (1) Wenzl Second Subdivision, Hall County,
<br />Nebraska,
<br />together with all buildings, improvements, fixtures and appurte-
<br />nances located thereon or in any way pertaining thereto, and the
<br />rents, issues, profits, reversions and the remainders thereof,
<br />including all such personal property that is attached to the im-
<br />provements so as to constitute a fixture, all of which, including
<br />replacements and additions thereto, are hereby declared to be a
<br />part of the real estate conveyed in trust hereby, it being agreed
<br />that all of the foregoing shall be hereinafter referred to as the
<br />"Property ".
<br />FOR THE PURPOSE OF SECURING:
<br />(a) the payment of indebtedness evidenced by
<br />Trustor's note of even date herewith in the prin-
<br />cipal sum of TWO HUNDRED THOUSAND AND N01100
<br />DOLLARS ($200,000.00), together with interest at
<br />the rate provided therein, or the principal and
<br />interest on any future advance not to exceed the
<br />total principal sum initially secured hereby as
<br />evidenced by promissory notes stating they are se-
<br />cured hereby, and any and all renewals, modifica-
<br />tions and extensions of such notes, both principal
<br />and interest on the notes being payable in accor-
<br />dance with the terms set forth therein, which by
<br />this reference is hereby made a part hereof;
<br />(b) the performance of each agreement and
<br />covenant of Trustor herein contained; and
<br />(c) the payment of any sum or sums of money
<br />which may be hereafter paid or advanced by Benefi-
<br />ciary under the terms of this Deed of Trust, to-
<br />gether with interest thereon at the rate provided
<br />in the note.
<br />To protect the security of this Deed of Trust, Trustor
<br />hereby covenants and agrees as follows:
<br />1. Payment of Indebtedness. To pay when due, the princi-
<br />pal of, and the interest on, the indebtedness evidenced by the
<br />1
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