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1. DATE AND PARTIES. The date of this Deed of Trust is 07.26.2003 and the parties and <br />their addresses are as follows: <br />TRUSTOR: Hooker Bros. Sand & Gravel, Inc., A Nebraska Corporation <br />3755 W Husker Highway <br />Grand Island, NE 68801 <br />47.0819672 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />1333 N. Webb Road P.O. Box 5138 <br />Grand Island, NE 68801.5138 <br />47.0098350 <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />1333 North Webb Road <br />P.O. Box 5138 Grand Island, NE 68802 <br />47.0098350 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to <br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of the Beneficiary, with power of sale, the following described property: <br />See attached Exhibit " A" <br />The property is located in <br />all <br />at <br />Grand Island Nebraska 68801 <br />(Address) (City) (Zip Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers, and all existing and future improvements, <br />structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described <br />above (all referred to as "Property "). The term Property also includes, but is not limited to, any and all water wells, <br />water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights <br />associated with the Property, however established. <br />NEBRASKA - AGRICULTURAL /COMMERCIAL REAL ESTATE SECURITY INSTRUMENT <br />(NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) <br />1d ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO - RESI -NE 311/2002 <br />1 4 <br />h <br />L <br />+ s <br />(Page 1 of 8) <br />-n = D <br />`'' <br />o <br />o <br />�. <br />Q <br />a n z <br />��--�i <br />C:.- <br />rn <br />rn <br />h <br />D'�i <br />ti <br />Z <br />� <br />o <br />tea. <br />O <br />(n <br />to <br />[> 1 <br />� <br />Z7 <br />� <br />_ <br />2 <br />co <br />D <br />o <br />� <br />CD <br />CD <br />N <br />C Cn <br />p <br />z <br />State of Nebraska <br />Space Above This Line For <br />Recording Data <br />REAL ESTATE DEED OF TRUST <br />I;With Future Advance Clause) <br />❑ Construction <br />Security Agreement <br />❑ Master form recorded by <br />c� <br />1. DATE AND PARTIES. The date of this Deed of Trust is 07.26.2003 and the parties and <br />their addresses are as follows: <br />TRUSTOR: Hooker Bros. Sand & Gravel, Inc., A Nebraska Corporation <br />3755 W Husker Highway <br />Grand Island, NE 68801 <br />47.0819672 <br />❑ Refer to the Addendum which is attached and incorporated herein for additional Trustors. <br />TRUSTEE: Heritage Bank <br />1333 N. Webb Road P.O. Box 5138 <br />Grand Island, NE 68801.5138 <br />47.0098350 <br />BENEFICIARY: Heritage Bank <br />Organized and existing under the laws of the state of Nebraska <br />1333 North Webb Road <br />P.O. Box 5138 Grand Island, NE 68802 <br />47.0098350 <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to <br />secure the Secured Debt (hereafter defined), Trustor irrevocably grants, conveys and sells to Trustee, in trust for the <br />benefit of the Beneficiary, with power of sale, the following described property: <br />See attached Exhibit " A" <br />The property is located in <br />all <br />at <br />Grand Island Nebraska 68801 <br />(Address) (City) (Zip Code) <br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers, and all existing and future improvements, <br />structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described <br />above (all referred to as "Property "). The term Property also includes, but is not limited to, any and all water wells, <br />water, ditches, reservoirs, reservoir sites and dams located on the real estate and all riparian and water rights <br />associated with the Property, however established. <br />NEBRASKA - AGRICULTURAL /COMMERCIAL REAL ESTATE SECURITY INSTRUMENT <br />(NOT FOR FNMA, FHLMC, FHA OR VA USE, AND NOT FOR CONSUMER PURPOSES) <br />1d ©1993, 2001 Bankers Systems, Inc., St. Cloud, MN Form AGCO - RESI -NE 311/2002 <br />1 4 <br />h <br />L <br />+ s <br />(Page 1 of 8) <br />