|
<br />200803089
<br />
<br />non-tributary, surface or underground, appropriated or unappropriated, and all shares of stock in any
<br />water, canal, ditch or reservoir company, and all well permits, water service contracts, drainage rights
<br />and other evidences of any such rights; and (h) all interest or estate which Trustor now has or may
<br />hereafter acquire in said real property and all additions and accretions thereto, and all awards or
<br />payments made for the taking of all or any portion of said real property by eminent domain or any
<br />proceeding or purchase in lieu thereof, or any damage to any portion of said real property (collectively,
<br />the "Subject Property"). The listing of specific rights or PfDperty shall not be interpreted as a limitation of
<br />general terms. .
<br />
<br />1.2 Address. The address of the Subject Property (if known) is: 1411 Piper Street, Grand Island, NE
<br />68803, Assessor's Parcel No. 400028808. Neither the failure to designate an address nor any
<br />inaccuracy in the address designated shall affect the validity or priority of the lien of this Deed of Trust
<br />on the Subject Property as described on Exhibit A. In the event of any conflict between the provisions
<br />of Exhibit A and said address, Exhibit A shall control.
<br />
<br />ARTICLE II. OBLIGATIONS SECURED
<br />
<br />2.1 Obliaations Secured. Trustor makes this grant and assignment for the purpose of securing the
<br />following obligations (each, a "Secured Obligation" and collectively, the "Secured Obligations"):
<br />
<br />a) payment to Beneficiary of all sums at any time owing and performance of all other obligations
<br />arising under or in connection with that certain promissory note, loan or credit agreement,
<br />confirmation letter and disclosure, or other evidence of debt ("Note") dated as of April 11, 2008, in
<br />the maximum principal amount of One Hundred Twenty-Five Thousand and 00/100 Dollars
<br />($125,000.00) with interest as provided therein, executed by Thomas W. O'Neill and Jill A.
<br />O'Neill and payable to Beneficiary or its order, together with the payment and performance of any
<br />other indebtedness or obligations incurred in connection with the credit accommodation evidenced
<br />by the Note, whether or not specifically referenced therein;
<br />
<br />b) payment and performance of all obligations of Trustor under this Deed of Trust, together with all
<br />advances, payments or other expenditures made by Beneficiary or Trustee as or for the payment
<br />or performance of any such obligations of Trustor;
<br />
<br />c) payment and performance of all obligations, if any, and the contracts under which they arise, which
<br />any rider attached to and recorded with this Deed of Trust recites are secured hereby;
<br />
<br />d) payment to Beneficiary of all liability, whether liquidated or unliquidated, defined, contingent,
<br />conditional or of any other nature whatsoever, and performance of all other obligations, arising
<br />under any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar
<br />transaction or arrangement howsoever described or defined) at any time entered into with
<br />Beneficiary in connection with any Secured Obligation;
<br />
<br />e) payment and performance of all future advances and other obligations that the then record owner
<br />of the Subject Property may agree to pay and/or perform (whether as principal, surety or
<br />guarantor) for the benefit of Beneficiary, when any such advance or other obligation is evidenced
<br />by a writing which recites that it is secured by this Deed of Trust; and
<br />
<br />f) all modifications, extensions and renewals of any of the Secured Obligations (including without
<br />limitation, (i) modifications, extensions or renewals at a different rate of interest, or (ii) deferrals or
<br />accelerations of the required principal payment dates or interest payment dates or both, in whole or
<br />in part), however evidenced, whether or not any such modification, extension or renewal is
<br />
|