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<br />State of Nebraska Space Above 'I'hlS Line For Recording Data <br />REAL ESTATE DEED OF TRUST 3550 <br />(With Future Adv8ilce Clause) <br />o Construction Security Agreement <br /> <br />1. DATE AND PARTIES. The date of this Deed of Trust is .~~~.~.~.~....~.~.~..??9.~.~.. and the parties and their <br />addresses are as follows: <br /> <br />N <br />is) <br />is) <br />co <br />is) <br />N <br />--..J <br />N <br />is) <br /> <br />~ <br />~ <br />o:r:: <br />IT'. <br />1"> <br />€i <br />"'t:. <br />f7', <br />~ <br />'"I <br />0;: <br />(to' <br />r\ <br />JI".I <br />!1' <br />t; <br />~ <br />:z <br />~ <br /> <br /> ~ n .() <br /> m ifi > <br /> "TI <br /> c:: CI'l <br /> Z n :t <br />n " <br />:I: ~ 0 <br />m ~ <br />n (.I) <br />1l; :r:: <br /> <br /> ......,. ~ <br /> <::::"> C) (rJ <br /> <=:> .,.0 <br /> CQ o --l -f <br /> ~ c: )> N m <br /> ::D z..... m <br />~~ --0 -itTl 0 <br />fT'l' :::c -<0 0 <br />.;) C) <br /> 0'" :t:>- <br />o ...... "'z C/) <br />"T1 co <br />0 ~ ::r:: fT1 Z <br />fTl :::0 l>to C) ~ <br />nl 3 r ::0 <br />0 l rp. I"'\,) <br />If> ........ (rJ -.J c: <br /> ........ ;:><; ~ <br /> )> r'\J <br /> W --- ~ <br /> -.J (rJ 0 <br /> CJi Z <br /> 0 <br /> <br /> <br />... <br /> <br />68803 <br /> <br />o Refer to' the AddendU'ltl which is attached and incorporated herein for additional Trustors. <br /> <br />TRUSTEE: <br /> <br />ARCHER COOPERATIVE CREDIT UNTON <br />2121 ARCHER ROAD <br />ARCHER, NEBRASKA 68816 <br /> <br />BENEFICIARY: <br /> <br />ARCHER COOPERATIVE CREDIT UNION <br />2121 ARCHER ROAD <br />ARCHER, NEB8ASKA 68816 <br /> <br />2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and <br />to secure the Secured Debt (hereafter defined). Trustor irrevocably grants, conveys and sells to Trustee, in trust for <br />the benefit of the Beneficiary, with power of sale, the following described property: <br /> <br />SEE EXHIBIT "A.II 'WHI<I:H IS ATTACHED HERETO:\ AND INCORPORATED HEREIN <br />BY THIS REFERENCE <br /> <br />The property is located in ............tl.~.11..................................................................... at ........l.f5.l.l....sQllT.H...1.rN~O.L.N <br />(County) <br /> <br />... ... ..... ................ ............. ........... .............. ...... ...... q.~~).'iP'... !.~.~~~~................. .... .......... Nebraska ... .....?.~.~.~.~....... ........... <br />(AddreSll) (City) (ZIP Code) <br /> <br />Together with all rights. easements, appu,rtenances, royalties. mineral rights, oil and gas rights, crops, timber, all <br />diversion payments or third party payments made to crop producers. and all existing and future improvements, <br />structures, fixtures. and replacements that may now. or at any time in the future, be part of the real estate described <br />above (all referred to as "Property"). The term Property also includes, but is not limited to. any and all water wells, <br />water,ditches, reservoirs. reservoir sites and dams located on the real estate and all riparian and water rights <br />associated with the Property. however established. <br /> <br />3. MAXIMUM OBLIGATION LIMIT. The total principal amount of the Secured Debt (hereafter defined) secured <br />by this Deed of Trust at anyone time shall not exceed $ 30o..,.O.O.o...Oo.~.t\.t\.t<:.~..~.~ . This limitation of amount does <br />not include interest, loan charges, commitment fees, brokerage commissions, attorneys' fees and other charges <br />validly made pursuant to. this Deed of Trust and does no.t apply to advances (or interest accrued on such advances) <br />made under the terms of this Deed of Trust to protect Beneficiary's security and to perform any of the covenants <br />contained in this Deed of Trust. Future advances are contemplated and, along with other future obligations, are <br />secured by this Deed of Trust even though aU or part may no.t yet be advanced. Nothing in this Deed of Trust, <br />however, shall constitute a commitment to make additional or future loans or advances in any amount. Any such <br />commitment would need to be agreed to. in a separate Writing. <br /> <br />4. SECURED DEBT DEFINED. The term "Secured Debt" includes. but is not limited to, the following: <br />A. The promissory note(s), contract(s), guaranty(s} or other evidence of debt described below and all <br />extensio.ns, renewals, modifications or substitutions (Evidence of Debt). (When referencing the debts below it <br />is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) <br />PROMISSORY NOTE DATED MARCH 28, 2008 EXECUTED BY JOEL B. SHAFER, PRESIDENT <br />OF MIDWEST MUFFLER & EXHAUST, INC. AND ANY FUTURE PROMISSORY NOTES EXTENDED <br />TO SHAFER PROPERTIES LLC, EXECUTED BY JOEL B. SHAFER, MANAGING MEMBER <br />, ';,. "I. ~'~'..\ ,'.; ~\ <br /> <br />NEBRASKA. AGRICUL TURAUCOMMERCIAL DEED OF TRUST (No.T Fo.R FNM-;."HLMC, FHA o.R VA USE, AND No.T Fo.R Co.NSUMER ~) <br />C lAgS Bankers Svstems. Inch SI. Cloud. MN (1-800-397-2341) Form AGIC()"DT-NE 10130197 \141 ~ <br /> <br />page 10(6 <br />