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ADAMS COUNTY, NE
~1i~ 20075350 INST. N0. FIL~
G I(5~~~. Date '~•o Tima3
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,~~--~-- ~- S~~TER OFF DEE~~
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COMPARE ~ Wv
CADAS .,;_ AO
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WHEN RECORDED MAIL TO: _.
.,HASTINGS STATE BANK„ ,,
MAIN BRANCH' ~ '
530 N BURLINGTON
PO BOX 2178 ~ ..
HASTINGS,.NE 68902 ~ 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
THIS DEED OF TRUST is. dated December 5, 2007, among NORTH SHORE ASSEMBLY OF GOD CHURCH; A
Religious Corporation, (formerly known as THE ASSEMBLY OF GOD CHURCH OF HASTINGS and THE FIRST
ASSEMBLY OF GOD CHURCH OF HASTINGS) ("Trustor"); HASTINGS STATE BANK, whose address is MAIN
BRANCH, 530 N BURLINGTON, PO BOX 2178, HASTINGS, NE " 68902 (referred to below sometimes as
"Lender" and sometimes as "Beneficiary"); and HASTINGS STATE BANK, whose address is 530 N.
BURLINGTON, 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:
LOTS 0 E 1~)) AND TWO 2) FIRST THIRD
BLOCK~r ON~ (1), xJEfX~XA(~DYf~~l ASSEMBLY OF GOD Sgl>i`SUBDIVISION IN THE CITY OF
HASTINGS, ADAMS COUNTY, NEBRASKA, ACCORDING TO THE RECORDED PLAT THEREOF
The Real Property or its:;address is commonly known as 100 WEST 33RD ST, HASTINGS, NE 68901. The
Real Property tax. identification number is 290-402, 290-412, 290-430, 290-432 and 290-434.
CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest
[hereon, of Trustor to Lender, or any one or more of them; as well as ell 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 voluntary 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.
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 Iel PERFORMANCE OF ANY AND ALL OBLIGATIONS
UNDER THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE
RENTS AND PERSONAL PROPERTY, IS ALSO GIVENTO SECURE ANY AND ALL OF TRUSTOR'S OBLIGATIONS UNDER THAT CERTAIN
CONSTRUCTION LOAN AGREEMENT BETWEEN TRUSTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER
THE CONSTRUCTION LOAN dGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT
OF DEFAULT 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.
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 (31 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 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, and (21 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 iri or to any.land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real
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H:. ~_ ..
Loan No: 34027
DEED OF TRUST
(Continued)
-~`~~3`50
Page 2
Property. ~ If any Trustor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more
than twenty-five percent 125%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such
Trustor. 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 (and in all events prior to delinquency) all taxes, special taxes, assessments, charges lincluding
water and sewer), 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. Trustoc'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.
i
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 (10) 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, it 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
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 hot 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 ~(A) be payable on demand; IRI 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 (21 the remaining term of the Note; or (C) 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: ~(al 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 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 td~the Property
against the lawful claims bf all persons. .
EVENTS OF DEFAULT. Each df 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, obligation, 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 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.
Insolvency. The dissolution or termination of~Trustor's existence as a going business, 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 ahy 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, endorser, surety, or accommodation
party of any df the Indebtedness or any guarantor, endorser,' surety, or accommodation party 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.
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 112) months, it may be cured ~if Trustor, after receiving written notice
from Lender demanding cure of such default: 11) cures the default within twenty (20) days; or 12) if the cure requires more than
twenty (20) 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 pf 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•anykind. 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~itsrsecurity°entei"upo"h"'and'[ake 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,rgr,part~;of"the^Prbptirty''or;'interest in the Property; increase the income from the
'"2i '"'Propi3tty"dr~protect'thesecurity of"the Property; and, with~or without taking possession gf~th~;hrppg#tgj~su~;fd[~e9,otherwise
-~ ~~ }~f.,._ collecT the rents issuesyand profits of~the.;P.roperty;~including=those"past`due and unpaid and apply the same less costs and
expenses of operaLOn and collection attorneys' fees; to any indebtedness secured by'~tbis~,Dded;oflTirust;`all~m such'•."ort~r as
a
~ ,,.~~ °° •^Lendermay-determine- The entering upon ahd taking possession of the Property, {he collection of"sucih rents, issues and
profits, and the~~'application thereof shall not cure or waive any default or notice of default under this Deed of Trus or
.. ......... .......,._..~,..,..., ...,. ... ~ ... .., ,.,.;.-.,.~..e..
i:c.i. t.:.ii„~~""' ;,4!mva(idater any '.~act~done in response to such default or pursuant to such notice!„of sde~ault; and, J~o~.wrthstanding~the
.,,(,,z,.:.._.~continuance,in.,possession of the Property or the collection, receipt and application of rents, issues or profits,~Trustee or
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DEED OF TRUST ~~~ ~' t ~~ ~ ~ p
Loan No: 34027 (Continuecll Page 3
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 Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver or specifically enforce any of the
covenants hereof; and
Ic) 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. iri which the Property is located; and ,
(d) With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party
under the Nebraska UnifdFm`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 Trustas-trustee may require. i
i
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 bylaw 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°bidderfor 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.
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 interest
and late charges, (ii) all other sums then secured hereby, and (iii) the remainder, if any, to the person or persons legally
entitled thereto.
(c) Trustee may in the manner provided by law postpone sale of all or any portion of the Property.
Remedies Not Exclusive. Trustee and Lehder, 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 [his Deed of Trust, under the
Note, under any of the Related Documents, or under any other agreemerit 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 ti`ust, 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 Lende~~~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 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 at the addresses set forth in the first paragraph of this Deed of Trust.
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 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 casts, in addition to all other sums provided by
law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part 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.
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 [he 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 detined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code:
Beneficiary. The word "Beneficiary" means HASTINGS STATE BANK,.and its successors and assigns.
Borrower. The word "Borrower" means NORTH SHORE ASSEMBLY OF GOD~CHURCH (formerly known as THE ASSEMBLY OF GOD
CHURCH OF HASTINGS, NEBRASKA and THE FIRST ASSEMBLY OF GOD CHURCH OF HASTINGS, NEBRASKA) and includes all
co-signers and co-makers signing the No[e 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 assignmenf~ and security interest provisions relating to the Personal Property and Rents.
Ehvironmental 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 amerided, 42 U.S.C. Section 9601, et seq. ("CERCLA"), 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 Ac[, 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.
Yi' `~
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'~
DEED OF TRUST '`~'D~~"~ "~~
Loan No: 34027 (Continued) Page 4
Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party [o 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 Trtistor'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 that may be indirectly secured by the
Cross-Collateralization provision of this Deed of Trust.
Lender. The word "Lerider"-means HASTINGS STATE BANK, its successors and assigns.
Note. The word "Note" means the promissory note dated December 5, 2007, In the Oflgln8l principal amount of
$ 3,000,000.00" 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. -
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 lincluding 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 wprds "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 HASTINGS STATE BANK, whose address is 530 N. BURLINGTON, HASTINGS, NE 68901 and
any substitute or successor trustees.
Trustor. The word "Trustor" means NORTH SHORE ASSEMBLY OF GOD CHURCH (formerly known as THE ASSEMBLY OF GOD
CHURCH OF HASTINGS, NEBRASKA and THE FIRST ASSEMBLY OF GOD~CHURCH OF HASTINGS, NEBRASKA).
TRUSTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED~OF TRUST, AND TRUSTOR AGREES TO ITS TERMS.
TRUSTOR: - k
NORTH SHORE ASSEMBLY OF GOD CHURCH (FORMERLY KNOWN AS THE ASSEMBLY OF
GOD CHURC OF HASTINGS; NEBRASKA AND THE FIRST ASSEMBLY OF GOD CHURCH OF
HASTINGS, RASKA)
By.
T Ni` IiNDE SO Senior Pastor of NORTH SHORE ASSEMBLY OF GOD
CHURCH (for rly known as THE ASSEMBLY OF GOD CHURCH OF
' HASTINGS, NEBRASKA and THE FIRST ASSEMBLY OF GOD CHURCH OF
HASTINGS, NEBRASKA)
~ KENT ~ Trea3yrer'of NORTH SHORE ASSEMBLY OF GOD CHURCH
(formerly known as THE ASSEMBLY OF GOD CHURCH OF HASTINGS,
NEBRASKA and THE FIRST ASSEMBLY OF GOD CHURCH OF HASTINGS,
NEBRASKA)
CORPORATE ACKNOWLEDGMENT
/~ ~~I ,
STATE OF I yC.~'rQLJ~GL 1
J~ ~ 1 SS
COUNTY OF f IGIQY}~~J 1
On this ~ ~~ day of ~~~~ eFn be r 20 [] ~ before me, the undersigned Notary Public,
personally appeared TONY ANDERSON, Senior Pastor of .NORTH SHORE ASSEMBLY OF GOD CHURCH (formerly known as THE
ASSEMBLY OF GOD CHURCH OF HASTINGS, NEBRASKA and THE FIRST ASSEMBLY OF GOD CHURCH OF HASTINGS, NEBRASKA( and
KENT STONES, Treasurer of NORTH SHORE.ASSEMBLY OF~GODCHURCH (formerly known as THE~ASSEMBLY OF GOD CHURCH OF
HASTINGS, NEBRASKA and THE FIRST ASSEMBLY OF GOD CHURCH OF HASTINGS, NEBRASKA(, and' known to me to be authorized
agents of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed
of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on
oath stated that they are authorized to execute this Deed of Trust and in fact a ecuted the Deed of Trust on behalf of the corporation.
GENERAL NOTARY -State of fVe6raska Notary Public in a d for the ate of / V t?-kj/'Q~j(LCL
PATRICIAIACBBI /~
'""'~:FF.--~ My Comm.Ezp. ~-1~-11 Residing at r,µS~Z/~1(~S
My commission expires ~p-/G]-
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