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a6- 10680'7
<br />/// TRUST DEED 0y
<br />,/ THIS T�tUST DEED is made as of the �< day of
<br />r e fi��h� 1986 , by and among CAPITOL SUPPLY COMPANY,
<br />( "Trustor , whose mailing address is 4301 Industrial Avenue,
<br />P.O. Box 81229, Lincoln, Nebraska 68501, FIRSTIER BANK, NATIONAL
<br />ASSOCIATION, LINCOLN, NEBRASKA ( "Trustee "), whose mailing address
<br />is P.O. Box 81008, Lincoln, Nebraska 68501 -1008, and FIRSTIER
<br />BANK, NATIONAL ASSOCIATION, LINCOLN, NEBRASKA AS TRUSTEE OF THE
<br />CAPITOL SUPPLY COMPANY DISBURSEMENT TRUST ( "Beneficiary ") whose
<br />mailing address is P.O. Box 81008, Lincoln, Nebraska 68501 -1008.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers,
<br />conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of Beneficiary, under and subject to
<br />the terms and conditions of this Trust Deed, the real property
<br />located in the City of Grand Island, Hall County, Nebraska, and
<br />legally described as follows (the "Property "):
<br />Part of the Northeast one - quarter (NE :) of of the Northeast
<br />one - quarter (NE 4) of Section 21 (S 21), Township 11 North (T 11
<br />N), Range 9 West (R 9 W),of the 6th P.M., described as follows:
<br />Commencing at the Southwest corner of the intersection of Anna
<br />and Eddy Streets, which streets are now established and in use;
<br />thence Southwesterly along the South boundary of Anna Street, a
<br />distance of 164.4 feet; thence Southeasterly at right angles, a
<br />distance of 140.0 feet; thence Northeasterly at right angles, a
<br />distance of 164.4 feet; thence Northwesterly along the Westerly
<br />boundary of Eddy Street, a distance of 140.0 feet to the place of
<br />beginning; said tract being a rectangular tract having a frontage
<br />of 140.0 feet on Eddy Street, and a frontage of 164.4 feet on
<br />Anna Street and;
<br />The South (S) 119.9 feet of Lots 9 & 10 (L 9 & 10) of Block
<br />3 (B 3), South Park Addition, Grand Island, Hall County,
<br />Nebraska.
<br />TOGETHER WITH, all rents, easements, appurtenances,
<br />hereditaments, interests in adjoining roads, streets and alleys,
<br />improvements and buildings of any kind situated thereon and all
<br />personal property that may be or hereafter become an integral
<br />part of such buildings and improvements, all crops raised
<br />thereon, and all water rights.
<br />The Property and the entire estate and interest conveyed to
<br />the Trustee are referred to collectively as the "Trust Estate ".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtedness in the total principal amount of
<br />$1,840,000.00, with interest thereon, as evidenced by that
<br />certain promissory note to be dated on or about December 1, 1986
<br />(the "Note ") with a maturity date of on or about December 1,
<br />1996, executed by Elliot Supply , Inc., which will be delivered
<br />and payable to the order of Beneficiary, and which by this
<br />reference is hereby made a part hereof, and any and all
<br />modifications, extensions and renewals thereof, and
<br />b. Payment of all sums advanced by Beneficiary to protect
<br />the Trust Estate, with interest thereon at the rate of 14
<br />percent (148) per annum.
<br />This Trust Deed, the Note, the document captioned "Agreement
<br />for Sale and Purchase of Capitol Supply Company" dated the 14th
<br />day of August, 1986, and with addendums dated September 3, 1986,
<br />September 16, 1986 and November 10, 1986 and corporate guarantees
<br />by Lefkow Supply Company and Chesen Investment Company and
<br />Capitol Supply Company and any other instrument given to evidence
<br />or further secure the payment and performance of any obligation
<br />secured hereby are referred to collectively as the "L,oan
<br />Instruments ".
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