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<br />__n_ State of Nebraska -.-.-
<br />
<br />Space Above This Line For Rccordiul: Data--
<br />
<br />REAL EST A TE DEED OF TRUST
<br />(With Future Advance Clause)
<br />D Construction Security Agreement
<br />
<br />Loan No. 0140251187
<br />
<br />D Master form recorded by
<br />1. DATE AND PARTIES. The date of this Deed of Trust is Octob_e.,r 02, 2006
<br />are as follows: 0' CONNOR ENTERPRISES, INC., A NEBRASKA CORPORATION
<br />TRUSTOR:
<br />
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<br />and the parties and their addresses
<br />
<br />P.O. BOX 139
<br />Grand Island, NE 68802
<br />
<br />TRUSTEE:
<br />
<br />D Refer to the Addendum which is attached and incorporated herein for additional Trustors.
<br />TierOne Bank
<br />
<br />1235 'N' St / P.O. Box 83009
<br />Lincoln, NE 68501
<br />BENEFICIARY: TierOne Bank
<br />
<br />1235 IN' St / PO Box 83009 LINCOLN, NE 68501
<br />
<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 irrevoeahly grants, conveys and sells to Trustee, in trust for the benefit of the
<br />Beneficiary, with power of sale, the following described property:
<br />LOTS ONE (1) AND TWO (2) AND OUTLOT "A", BLOCK FOUR (4), CONTINENTAL GARDENS, AN ADDITION TO
<br />THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />
<br />The property is located in
<br />
<br />Hall
<br />
<br />at 3111 COLLEGE ST
<br />
<br />(County)
<br />
<br />Grand Island , Nebraska 68803
<br />(Address) (City) (ZIP Code)
<br />Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops, timher, all diversion
<br />payments or third party payments made to erop producers, and all existing and future improvements, structures, fixtures,
<br />and replacements that may now, or at any time in the fmure, be part of the real estate deserihed 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 anyone time shall not exceed $ 2,223,000.00 .. . 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 amounl, 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), conrract(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, ete.)
<br />A Promissory Note dated 10/02/2006 in the original principal sum of $2,223,000.00
<br />
<br />IIIEBRASKA - AGRICULTURAl/COMMERCIAL DEED OF TRUST (NOT FOR FNMA, FHLMC, FHA DR VA USE, AND NOT FOR CONSUMER PURPOSES)
<br />Ex;5Ei",---g:: 01993 Ballkers Systems, Inc_, St. Cloud, MN Forrn AG/CO-DT-NE 1/30/2002
<br />.-C164(NE) (0307) VMP Mortgage Solutions 1800)521-7291
<br />@
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