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200203589
<br />Northeast Quarter of said Section 25; thence deflecting left 90 °03'40" and running
<br />northerly, along and upon the east line of the Northeast Quarter of said Section 25, a
<br />distance of 277.62 feet to the point of beginning, together with all crops grown thereon.
<br />A tract of land comprising a part of the Southwest Quarter and part of the Southeast
<br />Quarter of Section 19, Township 11 North, Range 10 West of the Sixth Principal Meridian,
<br />and a part of the Northwest Quarter and a part of the Northeast Quarter of Section 30,
<br />Township 11 North, Range 10 West of the Sixth Principal Meridian, all being in Hall
<br />County, Nebraska, and more particularly described as follows: Beginning at the southwest
<br />corner of the Southwest Quarter of said Section 19, thence running northerly, along and
<br />upon the west line of the Southwest Quarter of said Section 19, a distance of 1,689.0 feet;
<br />thence deflecting right 90 005'05" and running easterly a distance of 3,222.14 feet; thence
<br />deflecting right 89 °57'43" and running southerly, a distance of 1,965.67 feet; thence
<br />deflecting right 90 °01'15" and running westerly, a distance of 3,220.50 feet to a point on the
<br />west line of the Northwest Quarter of said Section 30; thence deflecting right 89 156'20" and
<br />running northerly, along and upon the west line of the Northwest Quarter of said Section
<br />19, a distance of 277.62 feet to the point of beginning, together with all crops grown
<br />thereon.
<br />This Deed of Trust secures payment of a Note dated November 1, 2000, which Note is secured by
<br />a Deed of Trust recorded on November 8, 2000 as Instrument No. 200009785, in the records of Hall
<br />County, Nebraska, in the amount of —FOUR MILLION ONE HUNDRED FIFTY THOUSAND -
<br />Dollars ($4,150,000.00), between Big B, Inc., a Nebraska Corporation; Little B's Corp., a Nebraska
<br />Corporation; T & E Cattle Company, a Nebraska Corporation; and Thomas Baxter, also known as
<br />Tom Baxter, and Elizabeth Lee Baxter, husband and wife, to Metropolitan Life Insurance Company.
<br />A default on that loan contract shall constitute a default on this contract so that both may be
<br />accelerated and both Deeds of Trust foreclosed for any default on said Note and Deeds of Trust.
<br />It is agreed that all irrigation pumps, motors, engines, sprinklers, control panels and accessories, and
<br />all other irrigation equipment together with all water and watering rights of every kind and
<br />description, and all improvements, fixtures and appurtenances connected therewith now or hereafter
<br />placed or installed on said premises shall be construed as affixed to and a part of the real estate
<br />hereinabove described and subject to all of the provisions of this Deed of Trust.
<br />The Note secured by this Deed of Trust is further secured by a Financing Statement and Security
<br />Agreement of even date herewith, covering all equipment, improvements, fixtures and appurtenances
<br />as described in said Financing Statement and Security Agreement.
<br />Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust
<br />to collect the rents, issues and profits of the property and of any personal property located thereon
<br />with or without taking possession of the property affected hereby, and Trustor hereby absolutely and
<br />unconditionally assigns all such rents, issues and profits to Beneficiary. Beneficiary, however,
<br />hereby consents to Trustor's collection and retention of such rents, issues and profits as they accrue
<br />and become payable, so long as Trustor is not, at such time, in default with respect to payment of
<br />any indebtedness secured hereby, or in the performance of any agreement hereunder. If any event
<br />of default described hereafter in respect to this Deed of Trust shall have occurred and be continuing,
<br />Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under Trustor, and
<br />without regard to the value of the trust estate or the interest of the Trustor therein, shall have the right
<br />to apply to any court having jurisdiction to appoint a receiver of the property. It is further agreed
<br />that in case of default in the payment of the said principal Deed of Trust Note or interest, or any part
<br />thereof, as it shall mature, or in the case of failure to keep or perform any of the covenants or
<br />agreements contained in this Deed of Trust, then the Beneficiary, its successors or assigns, shall be
<br />and is hereby authorized and empowered to take immediate possession of the said premises hereby
<br />conveyed and all crops thereon, or to collect the rents therefrom, and to apply the proceeds thereof
<br />to the payments of the debt hereby secured.
<br />Together with all and singular tenements, hereditaments, privileges and appurtenances, now or
<br />hereafter located upon or belonging to or in anywise appertaining to the above described property,
<br />or any part thereof, including any right of homestead and every contingent right or estate therein.
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