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r <br />TRUST DEED - THIRD PARTY 04 .r fj ~ ~ ~ ~ `9 <br />~r <br />THIS TRUST DEED is made this J ~ day of February, 1984, among the <br />Trustor, 4-M AGRICULTURAL ASSOCIATES, INC., a Nebraska corporation of Grand-ls2aad, <br />Nebraska, GARY R. METTENBRINK and ROXANNE METTENBRINK, husband and wife, JOHN D. <br />METTENBRINK, a single person, LYNN METTENBRINK, a single person, THOMAS L. YORK sad <br />CAROL A. YORK (a/k{a CAROL METTEN$RINK YORR), husband and wife, and- ARLENE <br />I~TTENBRINK, a widow (herein "Trustor"}, NORWEST BANK OMAHA SOUTH, N.A. (herein <br />"Trustee"}, a national banking association of 24th a¢d "L" Streets, Omaha, Nebraska <br />68101 and the Beneficiary, NORWEST BANK SOUTA, N.A., a national banking association <br />of 24th & "L" Streets, Omaha, Nebraska 6$107 (herein "Lender"}. <br />WHEREAS, Trustor, being interested in the financial success of riETTENBRINK <br />FARMS, INC., a Nebraska corporation of Grand Island, Nebraska and 4-M AGRICULTURAL <br />ASSOCIATES, INC., a Nebraska corporation of Grand Island, Nebraska (herein, unless <br />otherwise individually referred to, "Borrower"), has executed and delivered to Lender <br />their unconditional personal guaranties of payment of the indebtedness of Borrower to <br />Lender and have otherwise agreed to Canvey the real estate described below to Lender, <br />in trust, as security for repayment of the indebtedness of Borrower to Lender; sad <br />WHEREAS, Borrower has applied to Lender for one or mare loans, letters of <br />credit or other financial accammodations and may hereafter from time to time apply to <br />Lender for additional loans, letters of credit or other financial accommodations in <br />any amount; and <br />WHEREAS, Borrower is, in addition to such ether indebtedness from Borrower <br />to Lender as may exist, .indebted to Lender as follows: <br />(i) February~..i, 1984 Promissory Nate of Mettenbrink Farms, Inc. in <br />the original principal sum of Four Hundred Twenty-Five Thousand <br />Dollars ($425,000.00), payable on demand, bearing interest at <br />two (2$) percent over Lender's agricultural prime rate and <br />interest payable yuarterly; <br />(ii) February~.3, ]484 Promissory Note of Mettenbrink Farms, Inc. 'in <br />the original princrpal. sum of Three Hundred Sixty-F'fve Thousand <br />Dollars ($355,000.00), payable on demand, bearing interest at <br />twe (l~) percent over lender's agricultural prime rate and <br />interest payable quarterly; <br />(iii) February ~, 1984 Promissory Note of Mettenbrink Farms, Inc. in <br />the original principal sum of One Hundred Fifteen Thousand <br />Dollars ($115,000.00), payable on July 31, ]984, in full, <br />bearing interest at two (2~} percent over Lender's agricultural <br />prime; and <br />(iv) February ~ , 1984 Promissory Note of 4-M Agricultural <br />Associates, Inc. in the original principal sum of Three Hundred <br />Thousand Dollars ($300,000.00), payable on demand, bearing <br />interest at twa (2~) percent over Lender`s agricultural prime <br />rate and interest payable quarterly; <br />all of which indebtedness is hereinafter referred to as the "Note"; and <br />WHEREAS, Lender has required as a condition precedent to the continuatio^ <br />andlor extension of any financial accommodations to Borrower that Trustor execute <br />this Trust Deed for the purpose of securing payment of all indebtedness owing by Bor- <br />rower and such further indebtedness of Borrower as may hereafter, from time to time, <br />be owing by Borrower to Lender: <br />NfBd, 'PHEREFORE, is the context of the foregoing preamble paragraphs, which <br />garagraphs are by this reference specifically made a contractual part of this Trust <br />Deed, and for the purpose of securing, I^ such order of priority as Lender may elect: <br />(a) the repayment of the indebtedness evidenred by the Note, and <br />any and all extensions, modifications, substitutions and renew- <br />als thereof, whether or not the instruments evidencing such <br />indebtedneas make reference to this Trust Deed; <br />