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<br />
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<br />
<br />83--' 005938
<br />
<br />
<br />MORTGAGE
<br />
<br />KNOW ALL MEN BY THESE PRESENTS that WILD ROSE
<br />EQUIPMEN'1', INC. (formerly WERNER EQUIPMENT, INC.) whosemafHng
<br />address is P.O. Box 2003, Hastings, Nebraska (herein "Mortgagor"
<br />whet.h~.~ r ...,.eo.r.. mo..re), in consideration of the presenta.d.vancement
<br />of $~Otx:J,~D pursuant to the following described
<br />promissory notes:
<br />
<br />~
<br />
<br />Wild Rose Equipment, Inc.;
<br />4-W Corporation; and
<br />Phoenix Contracting Corporation
<br />
<br />~ Principal Amount
<br />
<br />1/?015 $250,000.00
<br />(the "Term Note")
<br />
<br />Wild Rose Equipment, Inc.;
<br />4-W Corporation; and
<br />Phoe~ix Contracting Corporation
<br />
<br />q/2i>/?3 $1,500,000.00
<br />(the "Operating Note")
<br />
<br />(which together with extensions and renewals thereof and any
<br />other or future advances and readvances shall be referred to
<br />herein cOllectively as the "Notels)") providing for payments of
<br />principal and interest as set forth therein, does hereby bargain,
<br />grant, sell and convey unto National Bank of Commerce Trust and
<br />SaVings Association, 13th and 0 Streets, Lincoln, Nebraska
<br />(herein "Mortgagee"), its successors and assigns, all interest in
<br />the property described on Exhibit A attached hereto and
<br />incorporated herein by reference for the purpose of securing the
<br />payment of the Note (s), with interest as provided therein,
<br />together with any extensions or renewals thereof, the payment of
<br />all other sums, with interest, advanced by Mortgagee to protect
<br />the security of this Mortgage, the payment of other or future
<br />advances and readvances as provided herein, and the performance
<br />of the covenants and agreements of the Mortgagor contained
<br />herein.
<br />
<br />Together wi th all bui Idings, improvements fixtures,
<br />streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto,
<br />and the rents, issues and profits, reverisions and remainders
<br />thereof; including, but not limited to, heating and cooling
<br />equiplllent and such personal property that is attached to the
<br />improvements so as to constitute a fixture; all of which,
<br />inclUding replacements and additions thereto, is hereby declared
<br />to be a part of the real estate secured by the lien of this
<br />Mortgage and all of the foregoing being referred to herein as
<br />"Property. .
<br />
<br />To have and to hold the Property described, unto the
<br />said Mortgagee or Mortgagees and to its successors and assigns,
<br />forever, provided always, and these presents are upon the express
<br />condition that if Mortgagor, its, his, her, or their heirs,
<br />personal representatives, successors or assigns shall payor
<br />cause to be paid to the said Mortgagee and to its successors or
<br />assigns:
<br />
<br />(a) the "Term NoteH} and
<br />
<br />Id
<br />...
<br />
<br />(b) the sum of $ presently advanced and
<br />the amount of future advances to the Mortgagor under the
<br />Operating Note which together with the amount presently
<br />a,dvAl)Ced thereunder shall not exceed the total SUm of
<br />$1,500,000.00 at anyone time unpaid and outstanding, due
<br />and payable, with interest, according to the terms of the
<br />Nota(s) evidencing such advances;
<br />
<br />it bein~ the intention and agreement of the parties that the
<br />Mortga9or lIlIi\y from time to time repay advances secured by this
<br />Mortg.~ accordinq to the terms of Operating Note evidencing th~
<br />
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