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<br />':c <br /> <br />e <br /> <br />e <br /> <br />200800038 <br /> <br />17. RIGHT OF ENTRY. Trustee or Beneficiary, may at any reasonable time, enter upon and <br />protect the property in person or by its agent, in any manner as may be deemed reasonable and <br />necessary to protect the value of the property. <br /> <br />18. FIXTURES; PERSONAL PROPERTY. It is further agreed that all heating, cooling, <br />watering and other similar equipment and fixtures located on said property, now or hereafter placed <br />or installed thereon, shall be construed and considered as affixed to and part of the realty, and <br />subject to all the provisions hereof. <br /> <br />19. SECURITY AGREEMENT. This Trust Deed shall be deemed sufficient to constitute a <br />Security Agreement within the meaning of Article 9 of the Uniform Commercial Code of the State <br />of Nebraska (UCC) as to the personal property and as to any other property described, covered or <br />encumbered by this Trust Deed or by a separate UCC filing among the parties hereto, as to which <br />the provisions of such Article 9 may apply. This Security Agreement is intended to create a security <br />interest in such property from Trustor in favor of Beneficiary. Trustor hereby consents to, and <br />authorizes the filing of such Security Agreements, Financing Statements and other instruments as <br />Beneficiary may require in order to impose or perfect the lien upon any of the personal property and <br />fixtures. This Trust Deed shall also constitute a fixture filing in accordance with the provisions <br />contained in the UCe. <br /> <br />20. FUTURE ADVANCES. This Trust Deed has been granted for the purpose of securing the <br />indebtedness and obligations evidenced by the Note including any additional sums, with interest <br />thereon, as may be hereafter advanced, as evidenced by subsequent Notes of either or all of the <br />Trustors named in this Trust Deed, all of which will be secured by this Trust Deed, unless otherwise <br />specified. However, in no event shall the total amount secured hereby exceed the sum of <br />$248,000.00. This is not a promise or commitment to advance this amount. <br /> <br />TRUSTOR UNDERSTANDS THAT (a) THIS DOCUMENT IS A TRUST DEED AND NOT A <br />MORTGAGE AND (b) THE POWER OF SALE PROVIDED FOR IN THIS TRUST DEED <br />PROVIDES SUBSTANTIALLY DIFFERENT RIGHTS AND OBLIGATIONS TO THE <br />TRUSTOR THAN A MORTGAGE IN THE EVENT OF A DEF AUL T OR BREACH OF <br />OBLIGATION. <br /> <br />Executed the date first above written. <br /> <br />K & S BUTLER, L.L.C., TRUSTOR <br /> <br />BY:~ti' - <br />Klint R. Butler, Member <br />ADDRESS: 530 N. Diers Ave. <br />Grand Island, NE 68802 <br /> <br /> <br />LEWIS & MOORE, L.L.C., BENEFICIARY <br /> <br />~~ O~~~BER <br /> <br /> <br /> <br /> <br />", <br />STATEOFNEBRASKA) '. <br />) ss. <br />County of Hall ) <br /> <br />The foregoing instrument was acknowledged before me this 2nd day of January, 2008, by <br />Klint R. Butler, Member ofK & S Butler, L.L.e. <br /> <br />CENERAL NOTARY - Slate of Nebraska <br />I!~ ROBERT D. STOWELL <br />"'5l~'...;;:' My Comm. Exp. June 1, 20'J8 <br /> <br /><0'""....--, . ..~~ <br />l~-t{t~ ([-~- .... ..(~:; <br />Notary Publi <br /> <br />RDS: bk/M:/RE07/5 53 8.002 <br />