|
<br /> P 10 E
<br /> m m
<br /> "TII ........, ~
<br /> =-' c ~ = C') (fl
<br /> Z 0( ==" 0
<br /> ~ n -,,1 co 0-;
<br /> E a C l> r\.) :c
<br />I\.) ~ en ~f D z-i m
<br />($I , rn 00 m -1m <<::::) C
<br />CSl n r.,., C':) -<0 ):-
<br />(Xl ~ :c ...,
<br />->. f'"'-.) o " 0 en
<br />($I 0 CD "z Z
<br /> ." CO
<br />~ ~ Ir<l ~
<br />0'1 0 l> cn ~
<br />N 1'"1 -0
<br /> 1'"1 t :3 . :;0 0 :c
<br /> 0 r l> C
<br /> U) (j) ...c :s:
<br /> c..:> :::><: ITl
<br /> 1>0- CJJ ~
<br /> ....... --.-
<br /> W (j) f"I.) 2:
<br /> (j) 0
<br /> .:r /;, . IJV
<br /> CONSTRUCTION SECURITY AGREEMENT
<br /> DEED OF TRUST
<br />
<br />
<br />
<br />Intending to create a construction security interest in accordance with the Nebraska Construction Lien Act,
<br />this DEED OF TRUST is made as of the 18th day of December, 2008 by and among the Trustor, GOODWILL
<br />INDUSTRIES OF GREATER NEBRASKA, INC. whose mailing address for purposes of this Deed of Trust is P.O.
<br />Box 1863, Grand Island NE 68802 (herein, "Trustor", whether one or more), the Trustee, AREND R. BAACK,
<br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand
<br />Island, NE 68802-0790 (herein "Trustee"), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN
<br />ASSOCIATION OF GRAND ISLAND, whosemailingaddressisP.O.Box1009.GrandIsland.NE 68802-1009
<br />(herein "Lender").
<br />
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />GOODWILL INDUSTRIES OF GREATER NEBRASKA, INC., (herein "Borrower", whether one or more), and
<br />the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers,
<br />conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under
<br />and subject to the tenus and conditions hereinafter set forth, legally described as follows:
<br />
<br />Parcell: A tract of land comprising a part of the Southeast Quarter of the Southeast Quarter (SE Yo SE !4)
<br />of Section Twenty-one (21), Township Eleven (11) North, Range Nine (9), West of the 6th P.M. in Hall
<br />County, Nebraska, more particularly described as follows:
<br />
<br />Beginning at a point Six Hundred Thirty-seven and Five Tenths (637.5) feet South and Three Hundred and
<br />Twenty-seven (327.0) feet West of the southeast comer of Block Sixteen (16), Pleasant Home Subdivision,
<br />an addition to the City of Grand Island, Hall County, Nebraska; thence southerly parallel to the east line of
<br />said Section Twenty-one (21), a distance of One Hundred (100.0) feet; thence westerly parallel to the south
<br />line of said Pleasant Home Subdivision; a distance of Two Hundred and Sixty-four (264.0) feet; thence
<br />northerly parallel to the east line of said Section Twenty-one (21), a distance of One Hundred (100.0) feet;
<br />thence easterly parallel to said south line of Pleasant Home Subdivision, a distance of Two Hundred and
<br />Sixty-four (264.0) feet to the place of beginning.
<br />
<br />Parcel 2: Lot Two (2), Columbian Subdivision, in the City of Grand Island, Hall County, Nebraska.
<br />
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property".
<br />
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a
<br />Construction Line of Credit Draw Note dated DECEMBER 18, 2008, in the original principal amount of One
<br />Million Four Hundred Thousand and no/lOOth Dollars ($1,400,000.00), having a maturity date of SEPTEMBER 15,
<br />2024, unless the earlier call options therein contained shall be exercised by the Beneficiary, together with any and all
<br />modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to
<br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agree-
<br />ments (herein called "Note"); (b) the payment of other sums advanced by Lender to protect the security of the Note;
<br />(c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future
<br />indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust
<br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as
<br />the "Loan Instruments".
<br />
<br />TRUSTOR COVENANTS AND AGREES WITH LENDERAS FOLLOWS:
<br />
|