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<br />Space Above This Line For Recording Data
<br />REAL ESTATE DEED OF TRUST
<br />(With Future Advance Clause) Loan No. 1750147016
<br />❑ Construction Security Agreement
<br />❑ Master form recorded by
<br />1. DATE AND PARTIES. The date of this Deed of Trust is May__ 27, _ 2005 and the parties and their addresses
<br />are as follows: J.I.L. ASPHALT PAVING CO.
<br />TRUSTOR:
<br />3921 W SCHIMMER ROAD / PO BOX 2135
<br />GRAND ISLAND, NE 68803
<br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: TierOne Bank
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />1235 'N' St / PO Box 83009 LINCOLN, NE 68501
<br />Organized and Existing Under the Laws of the United States of America
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure
<br />the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the
<br />Beneficiary, with power of sale, the following described property:
<br />All of Lot One (1) and the Westerly 1320' of Lot Two (2), all in Section One (1), in Township
<br />Ten (10) North, Range Ton (10) West of the 6th P.M., Hall County, Nebraska excepting certain
<br />tracts more particularly described in Warranty Deed recorded as Document No. 96- 101623;
<br />Corporation Warranty Deed recorded as Document No. 96- 105979; and Corporation Warranty Deed
<br />recorded as Document No. 96- 105980.
<br />The property is located in ---- - - -- ------------- - - - --- Hall ---- - - - - -- -- - - - - -- at 3921- _W__SCHIMMER ROAD .
<br />(County)
<br />-- --....... ---------- GRAND --- SLAND-------------- .. -. -... , Nebraska - - - - -- 68803
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion
<br />payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures,
<br />and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as
<br />"Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs,
<br />reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however
<br />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 $ 791,000.00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ This limitation of amount does not include
<br />interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to
<br />this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed
<br />of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of Trust. Future advances
<br />are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not
<br />yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans
<br />or advances in any amount. Any such commitment would need to be agreed to in a separate 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 />A Promissory Note dated 05/27/2005 in the original principal sum of $350,000.00
<br />NEBRASKA - AGRICULTURAUCOMMERCIAL DEED OF TRUST (NOT FOR FNMA. FHLMC, FHA OR VA USE AND NOT FOR CONSUMER PURPOSES)
<br />r "01993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO-DT-NE 1/30/2002
<br />40- C164(NE) (0307) VMP Mortgage Solutions (800)621.7291
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<br />Space Above This Line For Recording Data
<br />REAL ESTATE DEED OF TRUST
<br />(With Future Advance Clause) Loan No. 1750147016
<br />❑ Construction Security Agreement
<br />❑ Master form recorded by
<br />1. DATE AND PARTIES. The date of this Deed of Trust is May__ 27, _ 2005 and the parties and their addresses
<br />are as follows: J.I.L. ASPHALT PAVING CO.
<br />TRUSTOR:
<br />3921 W SCHIMMER ROAD / PO BOX 2135
<br />GRAND ISLAND, NE 68803
<br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TRUSTEE: TierOne Bank
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />1235 'N' St / PO Box 83009 LINCOLN, NE 68501
<br />Organized and Existing Under the Laws of the United States of America
<br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure
<br />the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of the
<br />Beneficiary, with power of sale, the following described property:
<br />All of Lot One (1) and the Westerly 1320' of Lot Two (2), all in Section One (1), in Township
<br />Ten (10) North, Range Ton (10) West of the 6th P.M., Hall County, Nebraska excepting certain
<br />tracts more particularly described in Warranty Deed recorded as Document No. 96- 101623;
<br />Corporation Warranty Deed recorded as Document No. 96- 105979; and Corporation Warranty Deed
<br />recorded as Document No. 96- 105980.
<br />The property is located in ---- - - -- ------------- - - - --- Hall ---- - - - - -- -- - - - - -- at 3921- _W__SCHIMMER ROAD .
<br />(County)
<br />-- --....... ---------- GRAND --- SLAND-------------- .. -. -... , Nebraska - - - - -- 68803
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all diversion
<br />payments or third party payments made to crop producers, and all existing and future improvements, structures, fixtures,
<br />and replacements that may now, or at any time in the future, be part of the real estate described above (all referred to as
<br />"Property "). The term Property also includes, but is not limited to, any and all water wells, water, ditches, reservoirs,
<br />reservoir sites and dams located on the real estate and all riparian and water rights associated with the Property, however
<br />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 $ 791,000.00 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ This limitation of amount does not include
<br />interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges validly made pursuant to
<br />this Deed of Trust and does not apply to advances (or interest accrued on such advances) made under the terms of this Deed
<br />of Trust to protect Beneficiary security and to perform any of the covenants contained in this Deed of Trust. Future advances
<br />are contemplated and, along with other future obligations, are secured by this Deed of Trust even though all or part may not
<br />yet be advanced. Nothing in this Deed of Trust, however, shall constitute a commitment to make additional or future loans
<br />or advances in any amount. Any such commitment would need to be agreed to in a separate 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 />A Promissory Note dated 05/27/2005 in the original principal sum of $350,000.00
<br />NEBRASKA - AGRICULTURAUCOMMERCIAL DEED OF TRUST (NOT FOR FNMA. FHLMC, FHA OR VA USE AND NOT FOR CONSUMER PURPOSES)
<br />r "01993 Bankers Systems, Inc., St. Cloud, MN Form AG/CO-DT-NE 1/30/2002
<br />40- C164(NE) (0307) VMP Mortgage Solutions (800)621.7291
<br />
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