|
<br />200602973
<br />
<br />water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights
<br />and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may
<br />hereafter acquire in said real property and all additions and accretions thereto, and all awards or
<br />payments made for the taking of all or any portion of said real property by eminent domain or any
<br />proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively,
<br />the "Subject Property"). The listing of specific rights or property shall not be interpreted as a limitation of
<br />general terms.
<br />
<br />1.2 Address. The address of the Subject Property (if known) is: 5018 S. Elk Drive, Grand Island, NE
<br />68803, Assessor's Parcel No. 400219468. Neither the failure to designate an address nor any
<br />inaccuracy in the address designated shall affect the validity or priority of the lien of this Deed of Trust
<br />on the Subject Property as described on Exhibit A. In the event of any conflict between the provisions
<br />of Exhibit A and said address, Exhibit A shall control.
<br />
<br />ARTICLE II. OBLIGATIONS SECURED
<br />
<br />2.1 Obligations Secured. Trustor makes this grant and assignment for the purpose of securing the
<br />following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations"):
<br />
<br />a) payment to Beneficiary of all sums at any time owing and performance of all other obligations
<br />arising under or in connection with that certain promissory note, loan or credit agreement,
<br />confirmation letter and disclosure, or other evidence of debt ("Note") dated as of March 07, 2006,
<br />in the maximum principal amount of One Hundred Thousand and 00/100 Dollars ($100,000.00)
<br />with interest as provided therein, executed by JPK and CMA Enterprises, Inc. and payable to
<br />Beneficiary or its order, together with the payment and performance of any other indebtedness or
<br />obligations incurred in connection with the credit accommodation evidenced by the Note, whether
<br />or not specifically referenced therein;
<br />
<br />b) payment and performance of all obligations of Trustor under this Deed of Trust, together with all
<br />advances, payments or other expenditures made by Beneficiary or Trustee as or for the payment
<br />or performance of any such obligations of Trustor;
<br />
<br />c) payment and performance of all obligations, if any, and the contracts under which they arise, which
<br />any rider attached to and recorded with this Deed of Trust recites are secured hereby;
<br />
<br />d) payment and performance of all future advances and other obligations that the then record owner
<br />of the Subject Property may agree to pay and/or perform (whether as principal, surety or
<br />guarantor) for the benefit of Beneficiary, when any such advance or other obligation is evidenced
<br />by a writing which recites that it is secured by this Deed of Trust; and
<br />
<br />e) all modifications, extensions and renewals of any of the Secured Obligations (including without
<br />limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or
<br />accelerations of the required principal payment dates or interest payment dates or both, in whole or
<br />in part), however evidenced, whether or not any such modification, extension or renewal is
<br />evidenced by a new or additional promissory note or notes, loan or credit agreement, confirmation
<br />letter and disclosure, change in terms agreement, or other evidence of debt.
<br />
<br />2.2 ObliQations. The term "obligations" is used herein in its most comprehensive sense and includes
<br />any and all advances, debts, obligations and liabilities heretofore, now or hereafter made, incurred or
<br />created, whether voluntary or involuntary and however arising, whether due or not due, absolute or
<br />contingent, liquidated or unliquidated, determined or undetermined, joint or several, including without
<br />limitation, all principal, interest, charges, including prepayment charges and late charges, and loan fees
<br />
|