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<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 4th day of September 2002
<br />by and among the Trustor, BENS' DRUGSTORE, INC. , whose
<br />mailing address for purposes of this Deed of Trust is 123 E 3RD ST GRAND
<br />ISLAND, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, EARL
<br />D AHLSCHWEDE ATTORNEY whose mailing address is 202 W
<br />3RD GRAND ISLAND NE 68801 (herein "Trustee "), and the Beneficiary,
<br />Equitable Federal Savings Bank of Grand Island, whose mailing address is PO Box 160,
<br />Grand Island NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified
<br />herein to BENS' DRUG STORE. INC. (herein `Borrower',
<br />whether one or more), and the trust herein created, the receipt of which is hereby
<br />acknowledged, Truster hereby irrevocably grants, transfers, conveys and assigns to Trustee,
<br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and
<br />subject to the terms and conditions hereinafter set forth, legally described as follows:
<br />THE NORTHERLY EIGHTY (80) FEET OF THE WESTERLY TWENTY TWO (22)
<br />FEET OF LOT FOUR (4) IN BLOCK SIXTY SIX (66), IN THE ORIGINAL TOWN, NOW
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment and together with the homestead or marital interests, if any,
<br />which interests are hereby released and waived, all of which, including replacements and
<br />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
<br />by a Promissory Note dated September 4, 2002, having a maturity
<br />date of September 20 2007 , in the original principal amount of Three
<br />Hundred Eighty Thousand and No /100 Dollars (S380,000.00), and any and all modifications,
<br />extensions and renewals thereof or thereto and any and all future advances and readvances to
<br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory
<br />notes or credit arrangements (herein called "Note "); (b) the payment of other sums advanced
<br />by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and
<br />obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The
<br />Note, this Deed of Trust and any and all other documents that secure the Note or otherwise
<br />executed in connection therewith, including without limitation guarantees, security
<br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1) Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
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<br />This DEED OF TRUST is made as of the 4th day of September 2002
<br />by and among the Trustor, BENS' DRUGSTORE, INC. , whose
<br />mailing address for purposes of this Deed of Trust is 123 E 3RD ST GRAND
<br />ISLAND, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, EARL
<br />D AHLSCHWEDE ATTORNEY whose mailing address is 202 W
<br />3RD GRAND ISLAND NE 68801 (herein "Trustee "), and the Beneficiary,
<br />Equitable Federal Savings Bank of Grand Island, whose mailing address is PO Box 160,
<br />Grand Island NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified
<br />herein to BENS' DRUG STORE. INC. (herein `Borrower',
<br />whether one or more), and the trust herein created, the receipt of which is hereby
<br />acknowledged, Truster hereby irrevocably grants, transfers, conveys and assigns to Trustee,
<br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and
<br />subject to the terms and conditions hereinafter set forth, legally described as follows:
<br />THE NORTHERLY EIGHTY (80) FEET OF THE WESTERLY TWENTY TWO (22)
<br />FEET OF LOT FOUR (4) IN BLOCK SIXTY SIX (66), IN THE ORIGINAL TOWN, NOW
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to,
<br />heating and cooling equipment and together with the homestead or marital interests, if any,
<br />which interests are hereby released and waived, all of which, including replacements and
<br />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
<br />by a Promissory Note dated September 4, 2002, having a maturity
<br />date of September 20 2007 , in the original principal amount of Three
<br />Hundred Eighty Thousand and No /100 Dollars (S380,000.00), and any and all modifications,
<br />extensions and renewals thereof or thereto and any and all future advances and readvances to
<br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory
<br />notes or credit arrangements (herein called "Note "); (b) the payment of other sums advanced
<br />by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and
<br />obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The
<br />Note, this Deed of Trust and any and all other documents that secure the Note or otherwise
<br />executed in connection therewith, including without limitation guarantees, security
<br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1) Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
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