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~ _ _. <br />84 .~-~G0720 <br />TRUST DEED - THIRD PARTY <br />TH°iS TRUST DEED is made this _..1,~_ day of February, 1984, anions the <br />Trustor, GARY R. METTEN$RINIC and ROXANNE 1~T1'ENBRIMR, hushed"d• add wife, (herein <br />"Trustor"), NORriEST BAN& OMARA SOUTH', N.A. (herein- "Trustee"), a national banking <br />association of 24th and "L" Streets, Omaha, Nebraska 6$107 and the Beneficiary, <br />NORWEST BANK SOUTH, N.A., a national banking association of 24th &'"L" Streets, - <br />Omaha, Nebraska 68107 (herein "Lender"). <br />tilIEREAS, Trustor, being interested in the financial success of''MBTTENBRINK <br />FARMS, INC., a Nebraska corporation of Grand Island, Nebraska and 4-M'°AfaRICULTURAL <br />ASSOCIATES, INC., a Nebraska corporation of Grand Island, Nebraska (hotels, unless•- <br />otherwise individually referred to, "Borrower"), has executed aad delivered to Lender <br />their unconditional personal guaranties of payment of the indebtedness of $grrower to: <br />Lender and have otherwise agreed to convey the real estate destribed below to Londe;-; <br />in trust, as security for repayment of the indebtedness of Borrower to Lender; and <br />W1D'.REAS, Borrower has applied to Lender for one or more loans, letters.-of <br />credit or other financial accommodations 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 />W[iEREA5, Borrower is, in addition to such other indebtedness from Borrower <br />to Lender as may exist, indebted to Lender as follows: <br />(i) February ~7 1984 Promissory Note of Hettenbrink 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 quarterly; <br />{ii) February~~~,,, 1984 Promissory Note of Hettenbrink Farms, Inc. in <br />the original principal sum of Three Hundred Sixty-Five Thousand <br />Dollars ($365,000.00), payable on demand, bearing interest at <br />two (2x) percent nver Lender's agricultural prime rate and <br />interest payable quarterly; <br />(iii) February~~, 1984 Promissory Note of Hettenbrink Farms, Inc. in <br />the original principal sum of One Hundred Fifteen Thousand <br />Dollars ($115,000.00), payable on .Iuly 31, 1484, in full, <br />hearing interest at two (2y,) 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 two (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 continuation <br />andjor 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 />NOW, THEREFORE, in the context of the foregoing preamble paragraphs, which <br />paragraphs are by this reference specifically made a contractual part of this Trust <br />Deed, and. for the purpose of securing, in such order of priority as Lender may elect: <br />{a) the repayment of the indebtedness evidenced by the Note, and <br />any. and. all extensions, modifications, substitutions and renew- <br />als thereof, whether or not the instruments evidencing such <br />indebtedness make referents to this Trust Deed; <br />