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<br />DEED OF TRUST
<br />(With Future Advance Clause)
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<br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is April 7, 2005. The parties and
<br />their addresses are:
<br />TRUSTOR (Grantor):
<br />KAYL ENTERPRISES, L.L.C.
<br />A Nebraska Limited Liability Company
<br />2820 E Hwy 34
<br />Grand Island, Nebraska 68801
<br />TRUSTEE:
<br />PLATTE VALLEY STATE BANK & TRUST COMPANY
<br />a Corporation
<br />2223 Second Ave
<br />PO Box 430
<br />Kearney, Nebraska 68848 -0430
<br />BENEFICIARY (Lender):
<br />PLATTE VALLEY STATE BANK &TRUST COMPANY
<br />Organized and existing under the laws of Nebraska
<br />810 Allen Drive
<br />Grand Island, Nebraska 68803
<br />TIN: 47- 0343902
<br />1. SMALL BUSINESS ADMINISTRATION. The Secured Debts secured by this lien were made under a United
<br />States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business
<br />owners. If the United States is seeking to enforce this Security Instrument, then under SBA regulations:
<br />A. When SBA is the holder of the Note, this Security Instrument and all documents evidencing or securing
<br />the Secured Debts will be construed in accordance with federal law.
<br />B. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents,
<br />giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any
<br />federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or
<br />assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA
<br />with respect to the Secured Debts.
<br />Any clause in this Security Instrument requiring arbitration is not enforceable when SBA is the holder of the
<br />Note secured by this Security Instrument.
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
<br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably
<br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following
<br />described property:
<br />Part of the Southwest Quarter of the Southeast Quarter (SW 1 /4SE1 /4) of Section Twenty Six (26), Township
<br />Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as
<br />follows: Commencing at the Southwest corner of the Southeast Quarter of Section Twenty Six (26), Township
<br />Eleven (11) North, Range Nine (9) West of the 6th P.M., running thence North 18 rods thence east 18 rods
<br />thence south 18 rods thence west to place of beginning, Excepting a tract of land more particularly described in
<br />Return of Appraisers recorded as Document No. 81- 000700.
<br />The property is located in Hall County at 2820 E Hwy 34, Grand Island, Nebraska 68801.
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber,
<br />all diversion payments or third party payments made to crop producers and all existing and future
<br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the
<br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the
<br />Secured Debts and all underlying agreements have been terminated in writing by Lender.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one
<br />time will not exceed $ 100,000.00. This limitation of amount does not include interest and other fees and
<br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances
<br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the
<br />covenants contained in this Security Instrument.
<br />4. SECURED DEBTS. This Security Instrument will secure the following Secured Debts:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
<br />replacements. A promissory note or other agreement, No. 287768 -100, dated April 7, 2005, from Grantor
<br />Kayl Enterprises, L.L.C.
<br />Nebraska Deed Of Trust Initials
<br />NE/ 4XX28333000815100004658016040705Y ®1996 Bankers Systems, Inc., St. Cloud, MN per m Page 1
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<br />DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is April 7, 2005. The parties and
<br />their addresses are:
<br />TRUSTOR (Grantor):
<br />KAYL ENTERPRISES, L.L.C.
<br />A Nebraska Limited Liability Company
<br />2820 E Hwy 34
<br />Grand Island, Nebraska 68801
<br />TRUSTEE:
<br />PLATTE VALLEY STATE BANK & TRUST COMPANY
<br />a Corporation
<br />2223 Second Ave
<br />PO Box 430
<br />Kearney, Nebraska 68848 -0430
<br />BENEFICIARY (Lender):
<br />PLATTE VALLEY STATE BANK &TRUST COMPANY
<br />Organized and existing under the laws of Nebraska
<br />810 Allen Drive
<br />Grand Island, Nebraska 68803
<br />TIN: 47- 0343902
<br />1. SMALL BUSINESS ADMINISTRATION. The Secured Debts secured by this lien were made under a United
<br />States Small Business Administration (SBA) nationwide program which uses tax dollars to assist small business
<br />owners. If the United States is seeking to enforce this Security Instrument, then under SBA regulations:
<br />A. When SBA is the holder of the Note, this Security Instrument and all documents evidencing or securing
<br />the Secured Debts will be construed in accordance with federal law.
<br />B. Lender or SBA may use local or state procedures for purposes such as filing papers, recording documents,
<br />giving notice, foreclosing liens, and other purposes. By using these procedures, SBA does not waive any
<br />federal immunity from local or state control, penalty, tax or liability. No Borrower or Guarantor may claim or
<br />assert against SBA any local or state law to deny any obligation of Borrower, or defeat any claim of SBA
<br />with respect to the Secured Debts.
<br />Any clause in this Security Instrument requiring arbitration is not enforceable when SBA is the holder of the
<br />Note secured by this Security Instrument.
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged,
<br />and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably
<br />grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following
<br />described property:
<br />Part of the Southwest Quarter of the Southeast Quarter (SW 1 /4SE1 /4) of Section Twenty Six (26), Township
<br />Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more particularly described as
<br />follows: Commencing at the Southwest corner of the Southeast Quarter of Section Twenty Six (26), Township
<br />Eleven (11) North, Range Nine (9) West of the 6th P.M., running thence North 18 rods thence east 18 rods
<br />thence south 18 rods thence west to place of beginning, Excepting a tract of land more particularly described in
<br />Return of Appraisers recorded as Document No. 81- 000700.
<br />The property is located in Hall County at 2820 E Hwy 34, Grand Island, Nebraska 68801.
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber,
<br />all diversion payments or third party payments made to crop producers and all existing and future
<br />improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the
<br />real estate described (all referred to as Property). This Security Instrument will remain in effect until the
<br />Secured Debts and all underlying agreements have been terminated in writing by Lender.
<br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one
<br />time will not exceed $ 100,000.00. This limitation of amount does not include interest and other fees and
<br />charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances
<br />made under the terms of this Security Instrument to protect Lender's security and to perform any of the
<br />covenants contained in this Security Instrument.
<br />4. SECURED DEBTS. This Security Instrument will secure the following Secured Debts:
<br />A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and
<br />replacements. A promissory note or other agreement, No. 287768 -100, dated April 7, 2005, from Grantor
<br />Kayl Enterprises, L.L.C.
<br />Nebraska Deed Of Trust Initials
<br />NE/ 4XX28333000815100004658016040705Y ®1996 Bankers Systems, Inc., St. Cloud, MN per m Page 1
<br />
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