|
fV ~
<br />B .~
<br />~ ~~
<br />csa -~.~.*~.~
<br />~ ~
<br />rn
<br />CD ~w
<br />CL? =
<br />~~
<br />i'
<br />
<br />~
<br />~ ~.' z
<br /> ~~ ~
<br /> v
<br /> Z ~ ~ ~~ c~~' ~ ~ r~T7
<br />~ n~ ~ ~' ~
<br />a c~• v
<br /> c~ ~
<br /> _ .~
<br />
<br />
<br />~ ~" 7[7
<br />"
<br /> a ~
<br />A f?7 ~
<br /> 1---+ ~
<br />x
<br />f_I'1 ate.
<br /> Y
<br />+ R'1
<br /> r'V ~ ..~ GL] Z
<br /> N tc~
<br /> c" O
<br />WHEN RECORDED MAIL TO:
<br />Five Points Bank
<br />North Branch ~V, 5~
<br />2075 North Broadwell
<br />Grand Island, NE 68803 __ _ . .. FDR RECORDER'S USE ONLY
<br />F-VE POINTS BANK
<br />DEED ~F TRUST
<br />MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 555,000.00.
<br />THIS DEED OF TRUST is dated August 3, 2009, among KROLIKOWSKI BROTHERS INC; A NEBRASKA
<br />CORPORATION ("Trustor"1; Five Points Bank, whose address is North Branch, 2015 North Broadwell, Grand
<br />Island, NE 68803 (referred to below sometimes as "Lender" and sometimes as '"Beneficiary"-; and Five Points
<br />Bank, whose address is P,O Box 150, Grand Island, NE 68802-1507 (referred to below as "'Trustee").
<br />CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
<br />Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
<br />subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
<br />rights and ditch rights (including stack in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real
<br />property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real property") IOCated in HALL
<br />County, State of Nebraska:
<br />THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE7/4SE1/4) OF SECTION 36, TOWNSHIP
<br />11, NORTH, RANGE 11, WEST OF THE 6TH P.M., ALL IN HALL COUNTY, NEBRASKA
<br />The Real Property or its address is commonly known as FARM GROUND, ALDA, NE 68810. The Real
<br />Property tax identification number is 40D199G88.
<br />CROSS-COLLATERALIZATIbN,,,, In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
<br />therecn, of either Trustor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Trustor
<br />or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether
<br />voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or
<br />unliquidated, whether Borrower or Trustor may be liable individually or jointly with ethers, whether obligated as guarantor, surety,
<br />accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may became barred by any statute of
<br />limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable.
<br />FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Borrower or Trustor
<br />whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition
<br />to the amounts specified in the Note, all future amounts Lender in its discretion may loan to Borrower or Trustor, together with all interest
<br />thereon; however, in no event shall such future advances (excluding interest) exceed in the aggregate 555,000.00.
<br />Trustor presently assigns to Lander (also known as Beneficiary in this Peed of Trust) all of Trustor's right, title, and interest in and to all
<br />present and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
<br />Code security interest in the Personal Property and Rents.
<br />THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
<br />PROPERTY, IS GIVEN TO SECURE IA- PAYMENT OF THE INDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS
<br />UNDER THE NQTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE
<br />FOLLOWING TERMS:
<br />TRUSTOR'S REPRESENTATIONS AND WARRANTIES. Trustor warrants that: (a) this peed of Trust is executed at Borrpwer's request and
<br />not at the request of lender; Ib1 Trustor has the full power, right, and authority tc enter into this Deed of Trust and to hypothecate the
<br />Property; Ic) the provisicns of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument
<br />
|