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88100020
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3/9/2007 5:40:56 PM
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3/9/2007 4:28:31 AM
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DEEDS
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88100020
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<br />r <br /> <br />88- 100020 <br /> <br />(Grand Island) <br /> <br />REVOLVING LOAN DEED OF TRUST, ASSIGNMENT OF RENTS <br />AND SECURITY AGREEMENT <br /> <br />REVOLVING LOAN DEED OF TRUST, ASSIGNMENT OF RENTS AND <br />SECURITY AGREEMENT ("Deed of Trust") dated as of December 3ll , <br />1987, made by and between ELLIOT SUPPLY, INC. ("Mortgagor"),-a <br />Nebraska corporation, the successor by merger of Capitol Supply <br />Company ("Capi tol" ), having its principal place of business and <br />chief executive office at 4301 Industrial Avenue, Lincoln, <br />Nebraska 68501, Leroy Scott. Owens, having a business address at <br />202 South 19th Street, Omaha, Nebraska 68102 ("Trustee") for the <br />benefi t of WASHINGTON SQUARE CAPITAL, INC. ("Beneficiary"), as <br />beneficiary, a Minnesota corporation having its principal offices <br />at 512 Nicollet Mall, Suite 440, Minneapolis, Minnesota 55440. <br /> <br />R E C I TAL S: <br /> <br />Whereas, Mortgagor is the owner (i) in fee simple <br />absolute of the real property described in Exhibit A attached <br />hereto and incorporated herein by this reference, (ii) of the <br />landlord I s interests in the Leases (as hereinafter defined) and <br />(iii) of the Improvements and Personal Property (each as hereinaf- <br />ter defined); <br /> <br />\ihereas, Mortgagor, Chesen Investment Company and <br />Beneficiary have entered into a certain Loan and Security Agree- <br />ment (the "Loan Agreement") dated as of even date herewith, with <br />Mortgagor as "Borrower"; <br /> <br />Whereas, pursuant to the Loan Agreement, the Mortgagor <br />has agreed to borrow and the Mortgagee has agreed to lend, subject <br />to all the terms and conditions of the Loan Agreement, an amount <br />not to exceed Seven Million Dollars ($7,000,000.00) (the "LOan"); <br /> <br />Whereas, the Loan is in the form of a revolving credit <br />loan (the "Loan") under which advances, payments and readvances <br />may be made from time to time in a principal amount not to exceed <br />at any time outstanding Seven Million Dollars ($7,000,000.00) and <br />evidenced by a note entitled "Revolving Loan Note" of even date <br />herewith, (the "Note"). The maturity date of the Note is December <br />, 1992. The Note bears interest at an adjustable rate as <br />therein provided or as provided in the Loan Agreement; <br /> <br />Whereas, this Deed of Trust is being given by Mortgagor <br />to secure (i) payment by Mortgagor of all principal, interest and <br />other sums due or to become due in respect of the Loan, including <br />but not limited to future advances; (ii) the payment of any <br />further or subsequent advances made to preserve the lien of this <br />Deed of' Trust; and (iii) performance of all of the terms, cove- <br />nants, conditions, agreements and liabilities contained in this <br />Deed of Trust and the Loan Agreement. All of the foregoing <br />payment and performance obligations in clauses (i), (ii) and (iii) <br /> <br />L <br /> <br />L <br /> <br />L <br /> <br />"'~ <br /> <br />,-- <br /> <br />-.J <br /> <br />/ <br />~ <br />
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