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AbAIVIS COUNTY, NE
FILED
INST. ;NO.~` ~~ ~ 5 5
Date /- -d7'Time
TER OFF DE
WHEN RECORDED MAIL TO: --- -
FIVE POINTS BANK OF HASTINGS -
MAIN BANK ~
2815 OSBORNE DRIVE WEST
HASTINGS. NE 68901 FOR RECORDER'S USE ONLY
DEED OF TRUST
MAXIMUM LIEN. The lien of this Deed of Trust shall not exceed at any one time $1,100,000.00.
THIS DEED OF TRUST is dated October 30, 2007, among.GALEN.H WINKLER, A/K/A GALEN WINKLER; A
SINGLE PERSON 1"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 followingdescribed 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 lincluding stock in utilities with ditch or irrigation rightsl; 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: "'
See SEE EXHIBIT "A", which is attached to this Deed of Trust and made a part of this Deed of Trust as if
fully set forth herein.
FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Trustor whether or not the
advances are made pursuant to a commitment. Specifically, without limitation, this Deed of Trust secures, in addition to the amounts
specified in the Note, all future amounts Lender in its discretion may loan to Trustor, together with all interest thereon; however, in no
event shall such future advances (excluding interest) exceed in the aggregate 51,100,000.00.
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 IAI PAYMENT OF THE INDEBTEDNESS AND (B) 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 Note, this
Deed of Trust, and the Related Documents.
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 11 i remain in possession and control of the Property;
(2) use, operate or manage the Property; and 13) collect the Rents from the Property.
Duty to Maintain. Trustor shall maintain the Property in good condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve 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, acid (2) 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.
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 any part of the Real Property, or any interest in the
Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal,
beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract
for deed, leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer of any
beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Nebraska law.
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 land in all events prior to delinquency) all taxes, special taxes, assessments, charges lincluding
water and sewed, fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done
on or for services rendered or material furnished to the Property. Trustor shall maintain the Property 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 fair value 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, together with such other
hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis
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~~ ; .: 200"795.5.
I 1 5
`' 1° '~ ~' f ~' _ ~f' '~' DEED OF TRUST ` ` '
I_. _ r- n sly, :1.,,~,1 ,' -
Loan 11~0:'~13~~ ~~ (Continued) _ ,,Page 2
rlrhq ._ w,~,,f~
C ,, ,reasor,Sably;acceptable,;to Lentler and issued by a company or companies reasonably acceptableLto Lender:- Trustor, upon~request~~of
` ~t°%Lender will deliver •to~Lenderyfrom time to time the policies or certificates.`rof insurance in form satisfactory tolLender,; including
stipyla4ions' that..cpyerages will not be cancelled or diminished without at least ten 110) days. prior w_ ritteh notice to Lender. Each
irlsuiarice policy.alsolshallPinclude an endorsement providing thai coverage in favgr of Lender will-not be impaired in anyway by any
act, omission or default of Trustor or any other pe'rsoh""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
Ins4rance, if available, for the full unpaid princip'al'lialance~of-the~loan,and any prior liens on the property securing the loan, up to the
maximum policy limits set under the National Flood Ihsurance' Program, or. as otherwise required by Lender, and to maintain'such
.., . ,.
insurance for the term of the loan. ~~~~~-•--._......., •~°<`r.- ._ ..: ~. .:. ,:
LENDER'S EXPENDITURES. If Trustor fails IAI to keep the~Property free of all taxes; liens, security interests, encumbrances, and other
claims, (el to provide any required insurance on tFie"Property," ICI`'to-•make-repairs to.the Property or to comply with any obligation to
maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that
would materially affect Lender's interests in the Property, then. Lender on Trustor's behalf may, but is not required to, take any action that
Lender believes to be appropriate to protect Lender's interests. All expenses 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 IAI be payable on demand; IBI 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 Noie; or ICI be treated as a balloon payment which will be due and payable
at the Note's maturity. .
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust:
Title. Trustor warrants that: lal 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~tfie Existing-Iridebtedness~sedtion~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 ha's~the full right; power; and authority to ezecute'ahti deliver'ttiis Deed of-Trustto Lerider.- ~ ~ -'"
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. At Lender's option, Trustor will be in default under this Deed of Trust if any of the following happen:
Payment Default. Trustor fails to make any payment when due under the Indebtedness.
Break Other Promises. Trustor breaks any 'promise made to-Lender or fails to perform promptly at the time and strictly in the manner
provided in this Deed of Trust or in any agreQment related to this :Deed of Trust.
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 Related Documents.
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 death of Trustor, 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 the 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 to 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.
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 (121 months, it may be cured if Trustor, after receiving written notice
from Lender demanding cure of such default: 111 cures the default within ten 1101 days; or 12) if the cure requires more than ten
110) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to 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:
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 or protest of any kind. Thereafter, Lender may:
lal 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 indebtedness 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 any default or notice of 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 collectioh, receipt and application of 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 of sale;
~~~ Ibl Commerice an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
covenants hereof; and '
(cl 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 or any partof the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Nebraska Uniform Commercial Code.
i
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°~'' ~° ~:~ !; ~~ ::' ~"'~ DEED~..OEmTRUST ~ ~®®~~~ rJ~
Loan No: 13719 t `' (COntlnued) Page 3
7
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 ideem.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 arid 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.
Ib) 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 lil 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 ihterest
and late charges, lit) all other sums, then secured hereby„and (iii) the ,remainder, if any, to the person or persons legally
entitled thbreto. ~~
Ic) 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, may be 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 of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. If Lender
decides to spend money or to perform any of Trustor's obligations under this Deed of Trust, after Trustor's failure to do so, that
decision by Lender will not affect Lender's right to declare'Trustor in default and to exercise Lender's 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 at the addresses set forth in the first paragraph of this Deed of Trust. '
Attorneys' Fees; Expenses. If Lender iristitutes any suit or action to enforce any of the terms of this Deed of Tfust, 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 the 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 of the Indebtedness payable
on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph
include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender'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 part of this Deed of'Trusti"'"'°"" ° ~ °--
Governing Law.~~This Deed~of Trust will be governed by federal law applicable to Lender arid,to the'•e~ztehtrnof~pieempted by federal
-law, the laws of the State of Nebraska without regard to its conflicts of law provisions. This'Deedlof:Trust has~been accepted by
Lender in the State of Nebraska. .. _ ~;t~_:_'ss,;i
Choice of Venue. If there is a lawsuit, Trustor agrees upon Lender's request to submit to the jurisdictionof 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 words shall have the following meanings when used in this Deed of Trust:
Beneficiary. The word "Beneficiary" means FIVE POINTS BANK OF HASTINGS ,and its successors and assigns. -
- Borrower. The word "Borrower" means GALEN H~ WINKLER 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"1, the Superfund
Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or
federal laws, rules, or regulations adopted pursuant 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
3a'~ ~
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;'F:,~ .. ~`~~'il_('n.";,'`, DEED.OF.TRUST ~~~A`~e~~~.
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Loan No: 13719 (COrltinUed) Paga 4
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 the future advances set forth in the Future Advances provision
of this Deed of Trust, together with all interest thereon.
Lender. The word "Lender" means FIVE POINTS BANK OF HASTINGS ,its successors and assigns. The words "successors or
assigns mean any person or company that acquires any interest in the Note.
Note. The word "Note""Nleahs the promissdry~ note ~ dated;, October 30, •.2007, .In the original .principal amount of
$245,915.50 'from Trustor to Lender, together with''all renewals bf, 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, 2010.
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 dispositidn of the Property.
Property. The word "Property" means collectively the Real Property and the Personal Property. -
Real Property. The words "Real Property" mean thereat 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's 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 GALEN H WINKLER.
TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
On this day before me, the undersigned Notary Public, personally appeared GALEN H WINKLER, A SINGLE PERSON, to me known to be
the individual described in and who executed the Deed of Trust, ahd acknowledged. that he or she signed the Deed of Trust as his or her
free and voluntary act and deed, for the uses and purpohes therein mentioned. /~f //
Given under rity hand and official seal this ~~{ day of /~/~f%j,Sf~~ , 20 D~
Notary Public in and for the State of f he. ~~~ 5
GENERAL NOTARY• State of Nebresks
Residing at _.. ~Q~S .' t~~/9J~"F' - 1'"Psf'~~ ~_ '
Terry R. pristine ~
klyComm.Exp.August8,2008 MY commission expires U ~/~u
REQUEST FOR FULL RECONVEYANCE
ITo be used only when obligations have been paid in full)
Trustee
To
The undersigned is the legal owner and holder-of all~.lndebtedness 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 sunder 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 Trust), 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:
n5:
LA6Efl PRO LenENp, VSr. 6.]].CO.W]Cop,.Hs,lenE FFmclel6olulbne. lna. 199), ]00). /,A RIpIrle ReewveE. -NEC:ICFIILPL\OOI.FC TR~I]le6 PR~I6:.
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. .
- 200'74955
EXHIBIT "A"
DESCRIPTION OF REAL ESTATE: Parcel I: The North Half (NI/2) of the Southwest Quarter (SW '/+) of , j
Section Four (4), Township Eight (8) North, Range Eleven (1 I) West of the 6'" P.M., Adams County, Nebraska
Parcel 2: A tract of land in the East half of the Southwest Quarter of Section 10, Township 8 North, Range 1 I West
of the 6'" P.M., in Adams County, Nebraska, described as follows: Commencing at a point 1000 feet North of the ~
South quarter comer of said section for a place of beginning; thence West parallel with the South line of said
" ' section a distance of approximately;i 320-feet to the West line of said above desoribe¢ propariy; thence North ..
parallel with [he West line of said section a distance of 66 feetthence East parallel with the South line of said
section a distance of approximately 1320 feet to [he center line of said section; then South on the center line of said
section a distance of 66 feet to the point of beginning
Parcel 3: 1'he El/2SW 1/4, Section ] 0, Township 8 North, Range I 1 West of the 6'" P.M., Adams"County, NE,
EXCEPT A tract of land in the East half of the Southwest Quarter of Section I O,.Township 8 North, Range 11 West
of the 6`" P.M., in Adams County, Nebraska, described as follows: Commencing at a point 1000 feet North of the
South quarter comer of said section for a place of beginning; thence West parallel with the South line of said
section a distance of approximately 1320 feet to the West line of said above described property; thence North
parallel with the West line of said section a distance of 66 feet thence East parallel with the South line of said
section a distance of approximately 1320 feet to the center line of said section; then South on the center line of said
section a distance of 66 feet to the point of beginning
Parcel 4: The N1/2NW 1/4; Section 15, Township 8 North, Range 11 West of the 6`" P.M., Adams County, NE,
EXCEPTA tract of land in the North half of [he Northwest quarter of section 15, Township 8 North Range 11 Wes[
of the 61h P.M. in Adams County, Nebraska described as follows: Beginning at a point 1000 feet East of the
Northwest corner of said section; then South parallel with the West line of said section a distance of approximately
1320 fee[ to [he South line of said described 80 acre tract; then East along a line parallel with the North section line
a distance of 66 feet; then North along a line parallel with the West section line a distance of approximately 1320
feet to the North section line; then West a distance of 66 feet to the point of beginning
Pazcel 5: The South Half of the Northwest Quarter (Sl/2NW 1/4) and the North Half of [he Southwest Quarter ~/~
(Nl/2 SWl/4) all in Section 15, Township 8 North, Range I1 West of the 61h P.M. in Adams County, Nebraska
Parcel 6: A tract of land in [he North half of [he Northwest quarter of section 15, Township 8 North Range 1 I West
of the 6'" P.M. in Adams County, Nebraska described as follows: Beginning at a point 1000 feet East of the
Northwest comer of said section; then South parallel with the. West line of said section a distance of approximately
1320 feet to the South line of said described 80 acre tract; tfien East along a line parallel with the North sectiou line
a distance of 66 feet; then North along a line parallel with the Vest section line a distance of approximately 1320
feet to the North section line; then West a distance of 66 feet to the point of beginning
Parcel 7: The Nl/2NW 1/4 of Section 21, Township 8 North, Range 11 West of the 6'" P.M. in Adams County,
Nebraska, (except the South 800' thereof), AND
The South 765' of the N %: NW '/. of Section 21, Township 8 North; Range I 1 West of the 6'" P.M. in Adams
County, Nebraska, EXCEPT that portion conveyed to the County of Adams for road purposes in Deed Book 151,
Page 355 in the records of Adams County, Nebraska.
Parce] 8: The N35' of the 5800' of the Nl/2NW 1/4 of Section 21, Township 8 North,
Range 11 West of the 6'" P.M. in Adams County, Nebraska, EXCEPT that portion conveyed to the County of
Adams for road purposes in Deed Book 151; Page 355 in the records of Adams County, Nebraska.
Parcel 9: The North 35 feet of the south 800 feet of the South Half of the Northwest Quarter (S 1/2 NW 1/4) of
Section 21, Township 8 Norih, Range 11 West of the 6'"P.M., Adams County, Nebraska, EXCEPT that portion
conveyed to the County of Adams for road purposes in Deed Book 151, Page 355 in the records of Adams County,
Nebraska.
Parcel 10: The South Half of the Northwest Quarter (S1/2NW '/.) of Section Twenty-one (21), Township Eight (8)
North, Range Eleven (l l) West of the 6'" P.M. in Adams County, Nebraska (except the South 800 feet thereof), ,~.
EXCEPT that portion conveyed to the County of Adams for road purposes in Deed Book 151, Page 355 in the
records of Adams County, Nebraska.
Parcel 10A: The South 765 feet of the S 1/2NW 1/4 of Section 21, Township 8 North, Range 11 West of the 6'"
P.M, in Adatns County, Nebraska, EXCEPT that portion conveyed to the County of Adams for road purposes in
Deed Book 151, Page 355 in the records of Adams County, Nebraska, EXCEPT that portion conveyed to the
County of Adams for road purposes in Deed Book 151, Page 355 in the records of Adams County; Nebraska.
Parcel 11: The South Half of the Southeast (S1/2 SEl/4) of Section Twenty-seven (27), Township Eight (8) North,
Range Eleven (11) West of the 6'" P.M., Adams County, Nebraska, EXCEPT a tract of land located in the South
Half of the Southeast Quarter (Sl/2 SEl/4) of Section Twenty-Seven (27), Township Eight (8) North, Range
Eleven (11) West of the 6`" P.M. in Adams County, Nebraska; described as follows: Commencing at a point on the
South line of said Section 1,000 feet West of the SE comer of said Section; thence North along a line parallel with
the East line of said Section a distance of approximately 1,320 feet to the North line of said 80 Acre tract; thence
West along a line parallel with the South Section line a distance of 66 feet; thence South along a line parallel with
the East line of said Section, a distance of approximately 1,320 feet to the South Section line; thence East 66 feet to
the place of beginning
Parcel 12: The North Half of the Southeast Quarter (Nl/2 SEl/4) of Section Twenty-seven (27), Township Eight
(8) Norih, Range Eleven (I1) West of the 6'" P.M., Adams County, Nebraska; AND
A tract of land located in the South Half of the Southeast Quarter (S 1/2 SEl/4) of Section Twenty-Seven (27),
Township Eight (8) Noth, Range Eleven (11) West of the 6`" P.M. in Adams County, Nebraska; described as
follows: Commnencing at a point on the South line of said Section 1,000 feet Wes[ of the SE comer of said Section;
thence North along a line parallel with the East line of said Section a distance of approximately 1,320 feet to the
North line of said 80 Acre tract; thence West along a line parallel with the South Section line a distance of 66 feet;
thence South along a line parallel with the East line of said Section, a distance of approximately 1,320 feet to the
South Section line; thence East 66 feet to the place of beginning
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