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<br /> NEBRASKA
<br /> TRUST DEED
<br /> AND SECURITY AGREEMENT
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<br />THIS TRUST DEED, is made as of the 10th day of November, 2006, by and among, Warren 1. Kirsch,
<br />a single person, ("Trustor"), whose mailing address is 3886 Montego Drive, Huntington Beach, CA 92649; Gary D.
<br />Byrne, a member of the Nebraska State Bar Association, ("Trustee"), whose mailing address is PO Box 929, North Platte,
<br />NE 69103-0929; and Concept Fiberglass Homes, Inc., ("Beneficiary"), whose mailing address is 2316 West Oklahoma,
<br />Grand Island, NE 68803.
<br />
<br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust
<br />herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and
<br />assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject
<br />to the terms and conditions hereinafter set forth, the real property, located in the County of Hall, State of Nebraska, (The
<br />Property) more particularly described as follows:
<br />
<br />33..50
<br />
<br />See attached Exhibit "A".
<br />
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the Property
<br />(collectively the "Rents"), all right, title and interest of Trustor in and to any greater estate in the Property now owned
<br />or hereafter acquired, all interests, estate or other claims, both in law and in equity, which Trustor now has or may
<br />hereafter acquire in the Property, all easements, rights-of-way, tenements, hereditaments and appurtenances thereof and
<br />thereto, all water rights, all right, title and interest of Trustor, now owned or hereaHer acquired, in and to any land lying
<br />within the right-of-way of any street or highway adjoining the Property; any and all buildings and improvements now
<br />or hereafter erected thereon, including, but not limited to, the fixtures, attachments, appliances, equipment, machinery,
<br />and other articles attached to such buildings and improvements (the "Improvements"), and all the estate interest, right,
<br />title, other claim or demand which Trustor now has or may hereafter acquire in the Property, and any and all awards made
<br />for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, ofthe whole or any part of the Trust
<br />Estate, including without limitation any awards resulting from a change of grade of streets and awards for severance
<br />damages.
<br />
<br />TOGETHER WITH all contract rights, chattel paper, documents, accounts and general intangibles,
<br />whether now or hereafter existing or acquired, any right to performance, entitlement to payment in cash or in kind, or
<br />other benefits under any current or future governmental program which pertains to the real estate which is the subject
<br />of this Trust Deed.
<br />
<br />The entire estate, property and interest hereby conveyed to Trustee may hereafter be referred to as the
<br />
<br />"Trust Estate".
<br />
<br />To the extent that Improvements and Property constitute fixtures this instrument shall be filed in the
<br />Washington County real estate records and be deemed a fixture filing.
<br />
<br />FOR THE PURPOSE OF SECURING:
<br />
<br />A. Payment of indebtedness in the total principal amount of $3,200,000.00, with interest thereon,
<br />evidenced by that certain promissory note of even date herewith (the "Note") with a maturity date of November 10,20 16,
<br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference
<br />is hereby made a part hereof: and any and all modifications, extensions and renewals thereof, and
<br />
<br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at
<br />the rate of 7. 99% ~ .!!:!l!1llill.
<br />
<br />C. Performance of all obligations of any guarantor of any of the obligations of Trustor contained in
<br />this Trust Deed, the Note, or any other instrument given to evidence or further secure the payment and performance of
<br />any security obligation hereby.
<br />
<br />D. Payment of all other sums with interest thereon, which hereafter may be loaned to Trustor, or its
<br />successors or assigns, by Beneficiary.
<br />
<br />E. Performance of Trustor's obligations and agreements contained in Trustor's loan application and
<br />Beneficiary's loan connnitment, and any such application and connnitment between Trustor and any assignee of
<br />Beneficiary, which is secured hereby, and any modification or amendment thereof.
<br />
<br />This Trust Deed, the Note, any guaranty thereof and any other instrument given to evidence or further
<br />secure the payment and performance of any obligation secured hereby may hereafter be referred to collectively as the
<br />"Loan Instruments".
<br />
<br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS
<br />AND AGREES AS FOLLOWS:
<br />
<br />1. Pavment of Obligation. To pay when due the principal of, and the interest on, the indebtedness
<br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments and the principal amount
<br />of, and interest on, any future advances secured by this Trust Deed.
<br />
<br />2. Maintenance and Compliance with Laws. To keep the Trust Estate in good condition and repair;
<br />not to remove, demolish or substantially alter (except such alterations as may be required by laws, ordinances or
<br />regulations) any of the Improvements; to promptly restore in a good and workmanlike manner any Improvement which
<br />may be damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished
<br />
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