Laserfiche WebLink
The real estate concerned with the above described caps growling or to be grown Is <br />and the name of " record owner(s) is' <br />❑ The following goods or types of goods: <br />(c) ACCOUNTS: <br />SAM Accounts owned by Debtor at the date hereof and all Accounts at any time hereafter acquired by Debtor, together with all books and records <br />refalfing to said Accounts. <br />❑ Those Accounts of Debtor enamerated inthe schedule attached hereto, and such Accounts of Debtor as may be enumerated in subsequent <br />schedules provided by Debtor to Secured Parry, together with all books and records relating to said Accounts. <br />(d) GENERAL INTANGIBLES: <br />(JAI genteral intangibles of Debtor, whether now owned or hereafter acquired, including, but not limited to, applications for patents, copyrights, <br />tradernarks. trade names, trade secrets, and <br />Toge#wwith aft substitutions and replacements for any of the foregoing property and, in the case of all tangible Collateral, together with (i) all accessories. <br />bttachmantss, parts, equipment, accessions and repairs now or hereafter attached or affixed to or used in connection with an such goods, (ii) all livestock in <br />arfd products in the case of farm products, and (iii) all warehouse receipts, bills of lading and other documents of title now or hereafter covering <br />such goods, and proceeds of any and all of the foregoing property. <br />3. Representations, Warranties and Agreements. Debtor represents, warrants and agreescthat <br />(a) Debtor isM a individual, 11 partnership, C a corporation and, fb Debtor is an individual, the Debtor's residence is at the address of Debtor shown <br />at the beginning of this Agreement <br />(bi The Collateral will be used primarily for C personal, family or household purposes: ❑ farming operations; X business purposes. <br />(c) Debtor's Inventory and Equipment, if taken as Collateral above, are located at 2121 North Webb Road, Grand Tsland <br />Nebraska of if left blank, at the address of the Debtor shown at the beginning of the Agreement. <br />(d) Deer's chief place of business is located at Umba. Nebraska and Debtor's chief executive office <br />is located at ' 1015 South 78th Street - 029m, Ne 68114 or, if previous two spaces are left <br />blank, at the address of Debtor shown at the beginning of this Agreement. Debtor's records concerning its accounts and contract rights are <br />kept at 1015 South 78th Street, r7btaha, Ne 68114 <br />or, if [eft blank, at the address of Debtor shown at the beginning of this Agreement. <br />4. Additional Representations, Warranties and Agreements. Debtor represents, warrants and agrees that: <br />( ai Debtor has (or will have at the time Debtor acquires rights in Collateral hereafter arisin ) absolutetitletoeachitemofCollateralfreeandclearof <br />all security tntoresbt, karts and encumbrances, exceptlhe Security lMerest, and will defend the Collateral against ail claims or demands of all persons other <br />than Secured Party. DetKOr will no sell or ottnerwise dispose of the Collateral or any interest therein without tfte prior written consent of Secured Party, <br />except that, until the occurrence of an Event ot Default and the revocation by Secured Party of Debtor's right to do so, Debtor may sell any Inventory <br />camsptuling t;gllral to layers in the ordinary course of twsiness and use and consume any farm products constttuting Collateral in Debtor's farming <br />operations. Tfte reference ro " proceeds" herein shat! not be deemed ro constitute an authorization [o salt or dispose otCollateral. If Debtor is a corporation, <br />this Agreement has beer[ duly and validly authorized by all necessary corporate action, and, i1 Debtor is a partnership, the parmer(s) executing this <br />Agreement has (have) authority to ad for the partnership. <br />(bj Debtor will not permit any tangible Collateral to be located or relocated m any state (and, ii county filing is required, in any county) in which a <br />financing sfa�rnentcovering such Collateral is required to be, but has not in tact been, bled in Oder to perfect the Ser unity Interest, Debtor wi!! make inquiry <br />of the Secured Party piton to the removal or relocating of any tangible Collateral in order to ver fy conpliance with the provision hereof. Debtor will not <br />change its name or merge with any other entity or otherwise change or modify its structures or organization without prior written notice to Secured Party and <br />Consent thereto H otherrrdse required. <br />(c) Each Account or right to payment and each instrument, document, chattel paper and other agreement constituting or evidencing Collateral is <br />(or will be when arising or issued) the valid, genuine and legally enforceable obligation, subject to no defence, set -off or counter -claim (other than those <br />in <br />arising the ordinary course of business) o! the Account Debtor or other obligor named therein or in Debtors records pertaining thereto as being obligated <br />to pay such obt Debtor will neither agree to any material modification or amendment nor agree to any cancellation of any such Account or obligation <br />wihout =Part prior written consent, and will not subordinate any such Account or to to <br />right payment claims of other creditors of such Account <br />Deter or other obligor. <br />(d) Debtor will: <br />i) Maintain Accounts in such quantNes and in relationship to funds advanced as may be specified by attachment and exhibit hereto, subject to <br />changes at the sole discretion of the Secured Parry. <br />(ii) Collect its Accounts only in the ordinary course of business: <br />(iii) If this Agreementcovers all of Debtors Accounts, furnish Secured Party at the time of each borrowing, and any such intervals as Secured Parry <br />may prescribe, with a Borrower's Certificate (in such torn as Secured Party may from time to time specify) showing the aggregate face amount of all of its <br />Accounts, the names and dresses of all Account Debtors, and the aging of each Account: <br />(a) Debtor will: <br />(i) Matitiart Inventory valued at ft lower of cost or market in such quantities and in relationship to funds advanced as may be specified by attachment <br />and exhibit hereto, subject to changes at the solo discretion of the Secured Parry. <br />(p) Sell itis Inventory only in the ordinary course of business: <br />iii) Furnish Secured Parry at the time of each borrowing, and at such intervals as Secured Party may prescribe, with a Borrower's Certificate (in such <br />as secured parly may from time to time specilly) showing the aggregate cost and wholesale market value of its Inventory. <br />(Q Unless Secured Party notifies Debtor in writing that n waives any one or more of the following requirements. Debtor will: <br />it) Upon request of Secured Party, give Secured Party assignments. in form acceplable to Secured Party, of specific Accounts or groups of Accounts, <br />and of mantes due and to become due under specific contracts: <br />fil Upon request of Secured Party, furnish to Secured Parry a copy, with such duplicate copies as Secured Parry may request. of the invoice <br />apipticableto each Account specifically assigned to Secured Party or arising out of a contract right, bearing a statement that such Accuunt or contract right <br />has been assigined to Secured Party, and such additional statements as Secured Party may require: <br />(10) MVrm Secured Party tniffiechatefy otthe rejection of goods, delay in delivery or performance. of claims made, in regard to any Account or contract <br />right specifically assigned to Secured Party. <br />(iv) Madre no change in any specifically assigned Account or any Account arising out of a contract right assigned to Secured Party, and no material <br />change in the terms of any such contact <br />(v) Furnish to Secured Party all information received by Debtor affecting the financial standing of any Account Debtor or other obligor whose Account <br />or coact rightl has been spectticaIty, assigned to Secured Party. <br />I Vil eive as the solo property of Secured Party and hold as trustee for Secured Parry all monies. checks, notes. drafts. and other property (herein <br />c of Payrr nt represent" the proceeds of any Account or contract right in which Secured Party has a Security Interest which come Into the <br />Possession of and Zoned all such Items of Payments immediately In the exact form received in a special account of Debtor with Secured Party <br />enfilled Cash at Account as reterred to hereinafter. if any is required, or if there s no Cash Collateral Account, will pay all such Items of Payment directly to Secured Party b. <br />ivh Pay Secured Party the amount loaned against any Account or contractnght sp>eciLCaily assitanrd to,wc v_o Parry where the goods are returned <br />by Acr rx" t )QbWs rot wriere the contract Is camel"I (v tenrnerated, <br />Ivry) [mrreed+afety nr.-rrcy secured Panybl any (it its Act,ounis armfigoulofcom,acm with the(lniland 51.31e.Gr;iny Qrn[,,�rtr!k!nl. igenC p'tlr �nStrURlPntaiaY <br />)rieserrl. aril exacu to any instiuments or take any%Teps fmiatf aJ by`ricurad Pw IV m irziw that all )".. fit. w,1 tc t,,,( .f c runic! tit an 11(01t;;1,-1`: �. <br />*hVT be N11s eol K-r secu -0d Party amt not we toftrool giv(". to tt°m SiOVC.rnmr.nl .ind", n;« f nde nl Aaq y . r:r.f , •,a re . 4r, _ <br />