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IIVIIIIIIIIIIIVIIIIIII~
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CADAS ~ AO' ~ .
ADAMS COUNTY, NE
INST. Nb. F~~O'~ 4 9 5 2
Date// g' b1 Time~,~~'n
~~R GIJSTER OF DEEDS
WHEN RECORDED MAIL'TO: -
FIVE POINTS BANK OF HASTINGS
MAIN BANK '
2815 OSBORNE DRIVE WEST
HASTINGS, NE 68901 FOR RECORDER'S USE ONLY
CONSTRUCTION DEED OF TRUST'
THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT
WITHIN THE MEANING OF THE NEBRASKA CONSTRUCTION LIEN ACT
MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time 51,503;118.50.
THIS DEED OF TRUST is dated October 16, 2007, among ENI LAND DEVELOPMENT CO LLC; A NEBRASKA
LIMITED LIABILITY COMPANY ("Trustor"); FIVE POINTS BANK OF HASTINGS ,whose address is MAIN
BANK, 2815 OSBORNE DRIVE WEST, HASTINGS, NE 68901 (referred to below sometimes as "Lender" and
sometimes as "Beneficiary"); and FIVE POINTS BANK OF HASTINGS, whose address is 2815 OSBORNE
DRIVE WEST, HASTINGS, NE 68901 (referred to below as "Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Trustor conveys to Trustee in trust, WITH POWER OF SALE, for the benefit of
Lender as Beneficiary, all of Trustor's right, title, and interest in and to the following described real property, together with all existing or
subsequently erected or affixed buildings, improvements and fixtures; all easements, rights. of way, ~and~appurtenances; all water, water
rights and ditch rights (including stock in utilities with ditch or irrigation rights); and. all other rights, royalties, and profits relating to the real
property, including without limitation all minerals, oil, gas, geothermal. and similar matters, (the "Real Property") located in
ADAMS County, State of Nebraska:
Lot 1, Block 1, Allen Second Subdivision, an addition to the City of Hastings, Adams County, Nebraska
The Real Property or its address is commonly known as 2203 OSBORNE DRIVE WEST, HASTINGS, NE
68901.
CROSS-COLLATERALIZATION. In addition to the No[e, this Deed of Trust secures all obligations, debts and liabilities, plus interest
thereon, of Trustor to Lender, or any one or more of them, as well as all claims by Lender against Trustor or any one or more of them;
whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether vdluntary or otherwise,
whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated„whether Trustor
may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether
recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay
such amounts may be or hereafter may become otherwise unenforceable.
REVOLVING LINE OF CREDIT. This Deed of Trust secures the Indebtedness including, without limitation, a revolving line of credit, which
obligates Lender to make advances to Trustor so long as Trustor complies with all the terms of the Note.
Trustor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Trustor's right, title, and interest in and to all
present -and future leases of the Property and all Rents from the Property. In addition, Trustor grants to Lender a Uniform Commercial
Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS .AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (AI .PAYMENT OF THE INDEBTEDNESS AND Iel PERFORMANCE OF ANY AND ALL OBLIGATIONS
UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Trustor shall pay to Lender all amounts secured by
this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Trustor's obligations under the No[e, this
Deed of Trust, and the Related Documents.
CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the
Uniform Commercial Code, as those sections have been adopted by the State of Nebraska.
POSSESSION AND~MAINTENANCE OF THE PROPERTY. Trustor agrees that-Trustor's possession and use of the Property shall be
governed by the following provisions: ~~
Possession and Use. Until the occurrence of an Event of Default, Trustor may ~ 111 remain in possession and control of the Property;
121 use, operate or manage the Property; and. 131 collect the Rents from.the Property.
Duty to Maintain. Trustor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary topreserve its value.
Hazardous Substances. Trustor represents and warrants that the Property never has been, and never will be so long ~as this Deed of
Trust remains a lien on the Property, used for the generation, manufacture, storage, treatment, disposal, release or threatened release
of any Hazardous Substance in violation of any Environmental Laws. Trustor authorizes Lender- and its agents to enter upon the
Property. to make such inspections and tests as Lender may deem appropriate to determine compliance of the Property with this
section of-the Deed of Trust. Trustor hereby 111 releases and waives any future claims against Lender for indemnity or contribution
in the event Trustor becomes liable for cleanup or other costs under any such laws, and 121 agrees to indemnify, defend, and hold
harmless Lender against any and all claims and losses resulting from a breach of this paragraph of the Deed of Trust. This obligation
to indemnify and defend shall survive the payment of the Indebtedness and the satisfaction of this Deed of Trust.
Construction Loan. If some or all of the proceeds of the loan creating the Indebtedness are to be used tc construct or complete
construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note
for such earlier date as Lender may reasonably establish) and Trustor shall pay in full all costs and expenses in connection with the
work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that
the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen.
Lender may require, among other things, that disbursement requests be supported by receip[ed bills, expense affidavits, waivers of
liens, construction progress reports, and such other documentation as Lender may reasonably request.
DUE ON SALE -CONSENT BY LENDER..Lender may, at Lender's option, declare immediately due and-payable all sums secured by this
Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or anypart of the Real Property, or any interest in the
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Loan T1'o'"'"'f3F78 ~ .' (Continued) - Page 2:
:• -;. -. _
Real Property,,A.'"sale or transfer-; mean`s the conveyance of Real Property or any right, title or interest in the:'Real Property;"whether legal,
{,beneficial~'iir'~:equitable whe4hi:r.'vbluntary or involuntary; whether by outright sale, deed, installment sale contract, land coritract,,contract
for deed, leasehold interest with' ~a term greafer than three 131 years, lease-option contract, or by sale, assignment, or'trarisfer of any
beneficial„riterest`in=onto anyrland trust holding title to the Real f?roperty,:of,by any other method of:conveyance of.an interest in"the Real
Property. If any Trustor is a corporation, partnership,oc;;lirpited,liability, company, transfer also includes any change in ownership of more
than twenty-five percent 125%) of the voting stock, partnership interests or~limiied liability company interests, as the case may be, of such
Trustor. However, this option shall not be exercised~,by_Lehderif such exercise is prohibited by federal law or by Nebraska law.
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TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment. Trustor shall pay when due (and in all a'v`erits'prior'to'delinquencyl'all taxes, special taxes, assessments, charges (including
water and sewerl, fines and impositions levied against,or onraccount.ot the Property, and shall pay when due all claims for work done
on or for services rendered or material furnished to>the:•PropertyrTrustor•shall~maintain the Broperty free of all liens having priority
over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and-assessments not due and except as
otherwise provided in this Deed of Trust. ~ -
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Trustor shall procure and maintain policies of fire insurance with standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Trustor shall also
procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and
Lender being named as additional insureds in such liability insurance policies. Additionally, Trustor shall maintain such other
insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies
shall be written in form, amounts, coverages and basis reasonably acceptable to Lender. and issued by a company or companies
reasonably acceptable to Lender. Trustor, upon request of Lender, will deliver to Lender from time to time the policies or certificates
of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least
ten 1101 days'prior~written notice to~Lender: Each insurance policy also~shall'include an endorsement providing that coverage~in favor
of Lender will not be impaired in any way by any act, omission or default of Trustor or any other person. Should the Real Property be
located in an area designated by the Director of the Federal Emergency'Management'Agency as' a special flood hazard'area, Trustor
agrees to obtain and maintain Federal Flood Insurance,. if available, for the full unpaid principal balance of,the loan and any prior liens
on the property securing the loan, up to the maximum policy limits set under the National.Flood Insurance Program, or as otherwise
required by Lender, and to maintain such insurance for the term of the loan.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect~Lender's-interest in the Property or if
Trustor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Trustor's failure to
comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay when due any
amounts Trustor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Trustor's behalf may (but
shall not be obligated to) take any action that Lender deems appropriate on the Property and paying all costs for insuring, maintaining and
preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged
under the. Note from the date- incurred or paid by Lender to the date of repayment by Trustor. All such expenses will become a part of the
Indebtedness and, at Lender's option, will IA) be payable on demand; Iel be added to the balance of the Note and be apportioned among
and be payable with any installment payments to become due during either 11) the term of any applicable insurance policy; or (2) the
remaining term of the Note; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity.
1l1/ARRANTY; DEFENSE OF TI'il:E. The following provlsions relating to ownership of the Property area part of this Deed of Trust:
Title. Trustor warrants that: la) Trustor holds good and marketable title of record to the Property in fee simple, free and clear of all
liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in
any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of
Trust, and Ibl Trustor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender.
Defense of Title. Subject to the exception in the paragraph above, Trustor warrants and will forever defend the title to the Property
against the lawful claims of all persons.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
Existing Lien. The lien of.this;Deed of Trust securing the Indebtedness may be secondary and inferior to 'an existing lien. Trustor
expressly. covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on --such
indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such
indebtedness.
EVENTS OF. DEFAULT. Each of.the.following, at Lender's option,.shall constitute an. Event of. Default under this Deed.of Trust:
Payment Default. Trustor fails to make any payment when due under the Indebtedness.
Other Default. Trustor.fails'to comply with any other term,'bbligation, covenant or condition contained in this Deed of Trust or in any
of the Related Documents.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note
. or in any of the RelatedDocuments. -
Default on Other Payments. Failure of Trustor within the time required by this Deed of Trust to make any payment for taxes or
insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien.
Death or Insolvency. The dissolution of Trustor's (regardless of whether election to continue is made), any member withdraws from
the limited liability company, or any other termination of Trustor'~s existence as a going business or the death of any member, the
insolvency of Trustor,.the appointment of a receiver for any part of Trustor's property, any assignment for the benefit of creditors, any
type of creditor workout, or [he commencement of any proceeding under any bankruptcy or insolvency laws by or against Trustor.
Events-Affecting Guarantor. Any.of the preceding events occurs with respect tc~any Guarantor. of any~of the Indebtedness~or~any
Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty~of the Indebtedness. In
the event of a death, Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to assume unconditionally
the obligations arising under the guaranty in~a manner satisfactory to Lender, and, in doing so, cure any Event of Default.
Adverse Change. A material adverse change occurs in Trustor's financial condition, or Lender believes the prospect of payment or
performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the
time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such
indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is commenced to
foreclose any existing lien on the Property.
Right to Cure. If any default, other than a default in payment is curable and if Trustor has not been given a notice of a breach of the
same provision of this Deed of Trust within the preceding twelve. 1121 months, it may be cured if Trustor, after receiving written notice
from Lender demanding cure of such default: '(1) cures the default within fifteen 1151 days; or 121 if the cure requires more than
fifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficientto cure the default and
thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
practical.
RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default under any indebtedness, or should •Trustor fail to
comply with any of Trustor's obligations under this Deed of Trust, Trustee or Lender may exercise any one or more of the following rights
and remedies:
~~
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Loan No: 13678
DEED;.OF•~.TRU.ST;
(Ctintinued~,.'~'
200~~~~2
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Acceleration Upon Default; Additional Remedies. If any Event of Default occurs as per the terms of the Note secured hereby,
Lender may declare all Indebtedness secured by this Deed of Trust to be due and payable and the same shall thereupon become
due and payable without any presentment, demand, protest or notice of any kind. Thereafter, Lender may:
la) Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court and
without regard to the adequacy of its security, enter upon and take possession of the Property, or any part thereof, in its
own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value,
marketability or rentability of the Property, or part of the Property or interest in the Property; increase the income from the
Property or protect the security of the Property; and, with or without taking possession of the Property, sue for or otherwise
collect the rents, issues and profits of'the Property, including those past due and unpaid, and apply the same, less costs and
expenses of operation and collection attorneys' fees, to any ihdebtedness secured by this Deed of Trust, all in such order as
Lender may determine. The entering upon and taking possession of the Property, the collection of such rents, issues and
profits, and the. application thereof shall not cure. or waive ampdefault'oi.notice df~~default under this-~Deed~ of Trust or
invalidate any act done in response•to such default or pursuant to. such notice of default; and, notwithstanding the
continuance in possession of the Property or the collection, receipt and applicationof rents; issues or profits, Trustee or
Lender shall be entitled to exercise every right provided for in the Note or the Related-Documents or by law upon the
occurrence of any event of default, including the right to exercise the power df sale;
Ib) Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
covenants hereof; and
Icl Deliver to Trustee a written declaration of default and demand for sale and a written notice of default and election to
cause Trustor's interest in the Property to be sold, which notice Trustee shall cause to be duly"filed for record in the
appropriate offices of the County in which the Property is located; and .
Idl With respect to all dr any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Nebraska Uniform Commercial Code.
Foreclosure by Power of Sale. If Lender elects to foreclose by exercise of the Power of Sale herein contained, Lender shall notify
Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and
secured by this Deed of Trust as Trustee may require.
lal Upon receipt of such notice from Lender, Trustee shall cause to be recorded, published and delivered to Trustor such
Notice of Default and Notice of Sale as then required by law and by this• Deed of Trust. Trustee shall, without demand on
Trustor, after such time as may then be required by law and after recordation of such Notice of Default and after Notice of
Sale having been given as required by law, sell the Property at the time and place of sale fixed by it in such Notice of Sale,
either as a whole, or in separate lots or parcels or items as Trustee shall deem expedient, and in such .order as it may
determine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale.
Trustee shall deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds conveying the property so
sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be
conclusive proof of the truthfulness thereof. Any person, including. without limitation Trustor, Trustee, or Lender, may
purchase at such sale. ~ "
Ibl As may be permitted by law, after deducting all costs, fees and expenses of Trustee and of this Trust, including costs of
evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of li) all sums expended under
the terms of this Deed of Trust or under the terms of the Note not then repaid, including but not limited to accrued interest
and late charges, (ii) all other sums then secured hereby, and (iii) the remaihder, if-any,.fo~ihe person°or per§dns'legally
entitled thereto.
Icl Trustee-may in the manner provided by law postpone sale of all or any portion of the Property.
Remedies Not Exclusive. Trustee and Lender, and each of them, shall be entitled to enforce payment and performance of any
indebtedness or obligations secured by this Deed of Trust and to exercise all rights and powers under this Deed of Trust, under the
Note, under any of the Related Documents, or under any other agreement or any laws now or hereafter in force; notwithstanding,
some or all of such indebtedness and obligations secured by this Deed of Trust may now or hereafter be otherwise secured, whether
by mortgage, deed of trust, pledge, lien, assignment or otherwise. Neither the acceptance of this Deed of Trust nor its enforcement,
whether by~court action or pursuant to the power of sale or other powers contained in this Deed of Trust, shall prejudice or in any
manner affect Trustee's or Lender's right to realize upon or enforce any other security now or hereafter held by Trustee or Lender, it
being agreed that Trustee and Lender, and each of them, shall be entitled to enforce this Deed of Trust and any other security now or
hereafter held by Lender or Trustee in such order and manner as they or either of them may in their absolute discretion determine. No
remedy conferred upon or reserved to Trustee or Lender, is intended to be exclusive of any other remedy in this Deed of Trust or by
law provided or permitted, but each shall be cumulative and shall be in addition to every other remedy given in this Deed of Trust or
now or hereafter existing at law or in equity or by statute. Every power or remedy given by the Note or any of the Related Documents
to Trustee or Lender~or to which either of them may be otherwise entitled, maybe exercised, concurrently or independently, from time
to time and as often as may be deemed expedient by Trustee or Lender, and either of them may pursue inconsistent remedies.
Nothing in this Deed of Trust shall be construed as prohibiting Lender from seeking a deficiency judgment against the Trustor to the
extent such action is permitted by law. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and
an election to make expenditures or to take action to perform an obligation of Trustor under this Deed of Trust, after Trustor's failure
to perform, shall not affect Lender's right to declare a default and exercise its remedies. ,
Request for Notice. Trustor, on behalf of Trustor and Lender, hereby requests that a copy of any Notice of Default and a copy of any
Notice of Sale under this Deed of Trust be mailed to them a[ the addresses set forth in the first paragraph of; this Deed of TrLst.~
Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be
entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any
court action is involved, and to -[he extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are
necessary at any time for the protection of its interest or the enforcement of its rights shall become a part gf'the~lndebtedness payable
on demand and shall bear interest.at the Note rate from the date, of [he expenditure until repaid. Expenses covered by this paragraph
include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees ahd~Lendiir`s legal expenses,
whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching
records, obtaining title reports (including foreclosure reportsl, surveyors' reports, and appraisal fees, title insurance, and fees for the
Trustee, to the extent permitted by applicable law. Trustor also will pay any court costs, in addition to all other sums provided by
law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a par[ of this Deed of Trust:
Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal
law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This Deed of Trust has been accepted by
Lender in the State of Nebraska.
Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdiction of the courts of ADAMS
County, State of Nebraska.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waiver of Homestead Exemption. Trustor hereby releases and waives all rights and benefits of the homestead exemption laws of the
State of Nebraska as to all Indebtedness secured by this Deed of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America.
Words and terms used in the singular shall include the plural, and the plural shall include the singular, as~ the context may require. Words
and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
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DEED OF;'TRU~ST'
Goari'No: 13678 (CotitinUed)~ ~ ~ Page~4
Beneficiary. The word "Beneficiary";means FIVE POINTS BANK OF.HASTINGS ,and its successors• and assigns.
Borrower. The word "Borrower" means ENl LAND DEVELOPMENT CO LLC and includes all co-signers and co-makers signing the Note
and all their successors and assigns.
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Trustor, Lender, and Trustee, and includes without
limitation all assignment and security interest provisions relating to the Personal Property and Rents.
Environmental Laws. The words "Environmental Laws".mean any and all state, federal and local statutes, regulations and ordinances
relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental
' Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"I, the Superfund
Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"I, the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et.seq.,, the,Resource Conservation.and,yRecovery Act, 42 U.S.C. Section 690;1.,.et_seq.,,orother.applicable state or
federal laws,"'}ules, of regulations adopted pu~'suant thereto. - '
Event of Default. The words "Event of Default" mean•any of the events of default set forth in this Deed of Trust in the events of
default section of this Deed of Trust.
Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this
Deed of Trust.
Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness
Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of
the Note.
Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on
the Real Property, facilities, additions, replacements and other construction on the Real Property.
Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note
or Related Documents, together with all renewals of, extensions of„modifications of, consolidations of and substitutions for the Note
or Related Documents and any amounts expended or advanced by Lender to discharge Trustor's obligations or expenses incurred by
Trustee or Lender to enforce Trustor's obligations under this Deed of Trust, together with interest on such amounts as provided in this
Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts [hat may be indirectly secured by the
Cross-Collateralization provision of this Deed of Trust.
Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS ,its successors and assigns.
Note. The word "Note" means the promissory note dated October ~16, 2007, In thB original principal amount of
$1,503,118.50 from Trustor to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
consolidations of, and substitutions for the promissory note or agreement. The maturity date of this Deed of Trust is November 1,
2008.
Personal Property. The words "Personal. Property" mean all equipment, fixtures, and other articles of personal property now or
hereafter owned by Trustor, and now or hereafter attached or affixed to the Real Property; together with all accessions,~parts, and
additions to, all replacements of, and all substitutions for, any ~of such property; and together with all proceeds (including without
limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
- Property. The word,."Property" means collectively the Real Property and the Personal .Property.
Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental
agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages,. and all other
instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness.
Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived
from the Property. ~ .
Trustee, The word "Trustee" means FIVE POINTS BANK OF HASTINGS, whose address is 2815 OSBORNE DRIVE WEST,
HASTINGS, NE 68901 and any substitute or successor trustees.
Trustor. The word "Trustor" means ENI LAND DEVELOPMENT CO LLC.
TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
TRUSTOR:
ENI LAND DEVELOPMENT CO
Bv~~ ' ' ,.~ ~:
BRIAN K BASS ETT, Member o I LAND DEVELOPMENT CO
RONNETT M KITTEN, Member of ENI LAND DEVELOPMENT CO LLC
..(~~S"
' DEED OF TRUST 20074952
Loan No: 13678 (Continued) Page 5
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF /IO,/lrni/!q 1
1 SS
COUNTY OF 4M S 1
On this ~V ~h day of /f(JJA6"vim 20 ~, before me, the undersigned Notary Public,
personally appeared BRIAN K BASSETT, Member of'ENI LAND DEVELOPMENT CO LLC, and known to me ta~fie partner or designated
agent of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act
and deed of the limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and
purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of
Trust on behalf of the limited liability company. ~.//
BY !^~- L~ /
GENERAL NOTARY-State of Nebraska Notary P lic in and for the State of ~1/G`ii~ r mar
Terry R. Anstine ~ p QS~v ~r )//is
My Comm. Exp. August 8, 2008 Residing at 6 ~5 ~ ~~
My commission expires ~ $- ~aa ~
LIMITED LIABILITY COMPANY ACKNOWLEDGMENT
STATE OF ~7lpf/9 1
1 SS
COUNTY OF (~4M S 1
[~ ~ /n "~
On this U day of (/G~~ 20 D / before me, the undersigned Notary Public,
personally appeared RONNETT M KITTEN, Member of ENI LAND DEVELOPMENT CO LLC, and known to me to be partner or designated
agent of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act
and deed of the limited liability company, by authority of statute, its articles of organization or its operating agreement, for the uses and
purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of
Trust on behalf of the limited liability company.
By . ~; . -
Notary Pu c itHf nr~aund/ for the State onnf N/ rst~~^
GENERALNGTARY-SfateofNebnelu Residing at dv~J c~i.rnu /mar W~
Ter
ry R. Anatlne My commission expires 'S" ~ b U ~
MY Cornet. Exp. August 8, 2008
REQUEST FOR FULL RECONVEYANCE
ITo be used only when obligations have been paid in full)
To:
Trustee
The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust
have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed
of Trust or pursuant to~any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with
this Deed of Trustl, and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held
by you under this Deed of Trust. Please mail the reconveyance and Related Documents to:
Date:
Beneficiary:
By:
Its:
LASER PRO LenEinO. T'e,. 5.3).W.WJ Cvp,. HerlenE Vnenelel9v41bne, Inv. 199), ]U9J. /,II Rq~re ReeerveE, - NE C:\CFI\LPUGOI.FC TR~13119 PR~19 ~
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