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HomeMy WebLinkAbout20081593NUM Pr,S _.,L3L. DOC TAX CK# FEES ~ ~ PD GK# CHG • ~~ ACCT # O O RET FEE : CASH R.O.D. CK P T RECD RETUR ~ - - ~ Sin dS ~~ i!a ~'~ dL NO (;ORP. aEAL IIIIII~IIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIII NUM I ~ ' ? .. q RD. COMP 1 Ro 3 ~ a~ COM('ARE /~ CADAS -" AO '~ -- ADAMS COUNTY, NE F`.~,L D 1NST. N0. ~ ~ ~ ~' Date - -off Time l= A~ ~~.~ ~ REGISTER OF DEEDS State of Nebraska Space Above This.Line for Recording D DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD Each of the undersigned states as follows: Non-Homestead I intend to grant a security interest in real property legally described on the attached mortgage or deed of trust. No part of my homestead is presently situated on said real estate, nor will any of my homestead be situated on said property in the future. However, if I establish a homestead on any part of said real estate during the time the mortgage or deed of trust remains unsatisfied and is a lien upon the real estate, I will have no right to make a designation of homestead in the event of a foreclosure or trustee's sale upon such mortgage or deed of trust. Homestead ^ I intend to grant a security interest in real property legally-described on the attached mortgage or deed of trust. My homestead is located on said real estate, and I understand I have the right to make a designation of homestead in the mortgage or deed of trust. If I waive or disclaim the right to designate my homestead I am waiving rights, that I would otherwise have, to retain my homestead in the event of default upon such mortgage or deed of trust. 1 hereby waive and disclaim the right to designate my homestead. I have read the paragraph checked above, and I understand the contents of that paragraph. This disclaimer was signed before execution of the mortgage or deed of trust. Hastings Pork By: FHT, Inc., Partner l~7`t~- By: Caesar Larson, President By: Hastings Holdings Corporation, Managing Partner \7`t By: Caesar Larson, President By: Hastings Pork, Inc., Partner ~~~ By: Caesar Larson, President FHT, Inc. By: Caesar Larson, President C329NE.doc ~ o f /,3 2Qp815-93 Ha~stin~gs Pork, Inc. ~I ~"' By: Caesar Larson, President State of NE County of The foregoing instrument was acknowledged before me this 26th day of March, 2008 by Caesar Larson, President of FHT, Inc., Caesar Larson, President of Hastings Holdings Corporation, Caesar Larson, President of Hastings Pork, Inc., on behalf of Hastings Pork, a Nebraska General Partnership, who personally appeared before me. m e. Caesar Larson, President on behalf of FHT, Inc., a Nebraska Corporation, who personally appeared before Caesar Larson, President on behalf of Hastings Pork, Inc. a Nebraska Corporation, who personally appeared before me. My Commission Expires: ,~, GENERAL NOTARY-State of Nebraska I~ LELAND L. POPPE ~~ ..`, My Comm. Exp. Nov. 27, 2011 C329NE.doc Notary Public O f' l,~ 2Q0815~3 (Space AUove Thi9 Line For Recording Data) LOAN NUMBER: 0150277165 COMMERCIAL REAL ESTATE DEED OF TRUST This COMMERCIAL REAL ESTATE DEED OF TRUST ("Security Instrument") is made on March 26, 2008 by Hastings Pork, a Nebraska General Partnership, whose address is 605 S Heartland Ave, Hastings, Nebraska 68901 ; FHT, Inc., a Nebraska Corporation, whose address is 605 S Heartland Ave, Hastings, Nebraska 68901 ; and Hastings Pork, Inc., a Nebraska Corporation, whose address is 605 S Heartland Ave, Hastings, Nebraska 68901 the grantor(s) ("Grantor"). The trustee is TierOne Bank whose address is 1235 'N' St / P.O. Box 83009, Lincoln, Nebraska 68501 , ("Trustee"). The beneficiary is TierOne Bank whose address is PO Box 220 / 111 5 Dewey St, North Platte, Nebraska 69101-0220 ("Lender"), which is organized and existing under the laws of United States of America. Grantor in consideration of loans extended by Lender up to a maximum principal amount of Six Million and 00/100 Dollars ($6,000,000.00) ("Maximum Principal Indebtedness"), and for other valuable consideration, the receipt of which is acknowledged, irrevocably grants, conveys and assigns to Trustee, in trust, with power of sale, the following described property located in the. County of Adams and Clay, State of Nebraska: Legal Description: See Exhibit A Together with all easements, appurtenances abutting streets and alleys, improvements, buildings, fixtures, tenements, hereditaments, equipment, rents, income, profits and royalties, personal goods ofwhatever description and all other rights and privileges including all minerals, oil, gas, water (whether groundwater, subterranean or otherwise), water rights (whether riparian, appropriate or otherwise, and whether or not appurtenant to the above- described real property), wells, well permits, ditches, ditch rights, reservoirs, reservoir rights, reservoir sites, storage rights, dams and water stock that may now, or at any time in the future, be located on and/or used in connection with the above-described real property, payment awards, amounts received from eminent domain, amounts received from any and all insurance payments, and timber which may now or later be located, situated, or affixed on and used ui connection therewith (hereinafter called the "Property"). RELATED DOCUMENTS. The words "Related Documents" mean all promissory notes, security agreements, prior mortgages, prior deeds of trust, business loan agreements, construction loan agreements, resolutions, guaranties, environmental agreements, subordination agreements, assignments of leases acid rents and any other documents or agreements executed in connection with this Security Instrrment whether now or hereafter existing. The Related Documents are hereby made a part of this Security Instrument by reference thereto, with the same force and effect as if fully set forth herein. INDEBTEDNESS. This Security Instrument secures the principal amount shown above as may be evidenced by a promissory note or notes of even, prior or subsequent date hereto, including future advances and every other indebtedness of any and every kind now or hereafter owing from Grantor and Hastings Holdings Corporation to Lender, howsoever created or arising, whether primary, secondary or contingent, together with any interest or charges provided in or arising out of such indebtedness, as well as the agreements and covenants of this Security Instrument and all Related Documents (hereinafter all referred to as the "Indebtedness"). FUTURE ADVANCES. To the extent permitted bylaw, this Security Instrument will secure future advances as if such advances were made on the date of this Security Instrument regardless of the factthat from time to time there may be no balance due under the note and regardless of whether the Lender is obligated to make such future advances. CROSS COLLATERALIZATION. It is the expressed intent of Grantor to cross collateralize all of its Indebtedness and obligations to the Lender, howsoever arising and whensoever incurred. WARRANTIES. Grantor, for itself, its heirs, personal representatives, successors, and assigns, represents, warrants, covenants and agrees with Lender, its successors and assigns, as follows: Performance of Obligations. Grantor promises to perform all terms, conditions, and covenants of this Security Instrument and Related Documents in accordance with the terms contained therein. Defense and Title to Property. At the time of execution and delivery of this instrument, Grantor is lawfully seised of the estate hereby conveyed and has the exclusive right to mortgage, grant, convey and assign the Property. Grantor covenants that the Property is unencumbered and free of all liens, except for encumbrances of record acceptable to Lender. Further, Grantor covenants that Grantor will warrant and defend generally 02004-2006 Copyright Cwnpliance Systens, Lx. 340A-1CB7- 2006.11.182 www.compliancesystems.com Crnmr~ercial Real Estate Security lmtrmnent - DL4007 Page 1 of S 800-966-8522 -Fax 616-956-1868 ~df~~ 2Q081593 the title to the Property against any and all claims and demands whatsoever, subject to the easements, restrictions, or other encumbrances of record acceptable to Lender, as may be listed in the schedule of exceptions to coverage in any abstract of title or title insurance roolicy insuring Lender's interest in the Property. Condition of Property. The Grantor promises at all times to preaerve and to maintain the Property and every part thereof in good repair, working order, and condition and will from time to time, make all needful and proper repairs so that the value of the Property shall not in any way be impaired. Removal of any Part of the Property. Grantor promises not to remove any part of the Property from its present location, except for replacement, maintenance and relocation in the ordinary course of business. Alterations to the Property. Grantor promises to abstain from the commission of any waste on the Property. Farther, Grantor shall make no material alterations, additions or improvements of any type whatever to the Property, regardless of whether such alterations, additions or improvements would increase the value of the Property, nor permit anyone to do so except for tenant improvements and completion of items pursuant to approved plans and specifications, without Lender's prior written consent, which consent maybe withheld by Lender in its sole discretion. Grantor will comply with all laws and regulations of all public authorities having jurisdiction over the premises relating to the use, occupancy and maintenance thereof and shall upon request promptly submit to Lender evidence of such compliance. Due on Sale -Lender's Consent. Grantor shall not sell, further encumber or otherwise dispose of, except as herein provided, any or all of its interest in any part of or all of the Property without first obtaining the written consent of Lender. If any encumbrance, lien, transfer or sale or agreement for these is created, Lender may declare immediately due and payable, the entire balance of the Indebtedness. Insurance. Grantor promises to keep the Property insured against such risks and in such form as may within the sole discretion of Lender be acceptable, causing Lender to be named as loss payee or if requested by Lender, as mortgagee. The insurance company shall be chosen by Grantor subject to Lender's approval, which shall not be unreasonably withheld. All insurance policies must provide that Lender will get a minimum of 10 days notice prior to cancellation. At Lender's discretion, Grantor may be required to produce receipts of paid premiums and renewal policies. If Grantor fails to obtain the required coverage, Lender may do so at Grantor's expense. Grantor hereby directs each and every insurer of the Property to make payment of loss to Lender with the proceeds to be applied, only at Lender's option, to the repair and replacement of the damage or loss or to be applied to the Indebtedness with the surplus, if any, to be paid by Lender to Grantor. Payment of Taxes and Other Applicable Charges. Grantor promises to pay and to discharge liens, encumbrances, taxes, assessments, lease payments and any other charges relating to the Property when levied or assessed against Grantor or the Property. Environmental Laws and Hazardous or Toxic Materials. Grantor and every tenant have been, are presently and shall continue to be in strict compliance with any applicable local, state and federal environmental laws and regulations. Further, neither Grantor nor anytenant shall manufacture, store, handle, discharge or dispose of hazardous or toxic materials as maybe defined by any state or federal law on the Property, except to the extent the existence of such materials has been presently disclosed in writing to Lender. Grantor will immediately notify Lender in writing of any assertion or claim made by any party as to the possible violation of applicable state and federal environmental laws including the location of any hazardous or toxic materials on or about the Property. Grantor indemnifies and holds Lender harmless from any liability or expense of whatsoever nature incurred directly or indirectly as a result of Grantor's violation of applicable local, state and federal environmental laws and regulations or Grantor's involvement with hazardous or toxic materials. Financial Information. Grantor agrees to supply Lender such financial and other information concerning its affairs and the status of any of its assets as Lender, from time to time, may reasonably request. Grantor further agrees to permit Lender to verify accounts as well as to inspect, copy and to examine the books, records and files of Grantor. Lender's Right to Enter. The Lender or Lender's agents shall have the right and access to inspect the Property at all reasonable times in order to attend to Lender's interests and ensure compliance with the terms of this Security Instrument. If the Property, or any part thereof, shall require inspection, repair or maintenance which the Grantor has failed to provide, the Lender, after reasonable notice, may enter upon the Property to effect such obligation; and the cost thereof shall be added to the Indebtedness and paid on the Lender's demand by the Grantor. ASSIGNMENT OF LEASES AND RENT5. As additional security for the payment of the Indebtedness and the performance of the covenants contained herein, Grantor hereby assigns and transfers over to Lender all rents, income and profits ("Rents") under any present or future leases, subleases or licenses of the Property, including any guaranties, extensions, amendments or renewals thereof, from the use of the Property. So long as Grantor is not in default, Grantor may receive, collect and enjoy all Rents accruing from the Property, but not more than one month in advance of the due date. Lender may also require Grantor, tenant and any other user of the Property to makepayments of Rents directly to Lender. However, byreceiving anysu~;h payments, Lender is not, and shall not be considered, an agent for any party or entity. Any amounts collected may, at the Lender's sole discretion, be applied to protect the Lender's interest in the Property, including but not limited to the payment of taxes and insurance premiums and to the Indebtedness. At Lender's sole discretion, all leases, subleases and licenses must first be approved by Lender. © 2004-2006 Copyright Canp&wce Syste~rs, Lac. 340A-1CB7 - 2006.11.182 ~ www.compliancesystems.com Cwrumrcial Real Estate Security hrshinne~d - DL4007 Page 2 of 5 B00-968-8522 -Fax 616-956-1868 ~ ~~ ~~ ~Q081.5~3 CONDEMNATION. Grantor shall give Lender notice of any action taken or threatened to be taken by private or public entities to appropriate the Property or anypart thereof, through condemnation, eminent domain or any other action. Further, Lender shall be permitted to participate or intervene in airy of the above described proceedings in any manner it shall at its sole discretion determine. Lender is hereby given full power, right and authority to receive and receipt for any and all damages awarded as a result of the full or partial taking or appropriation and in its sole discretion, to apply said awards to the Indebtedness, whether or not then due or otherwise in accordance with applicable law. Unless Lender otherwise agrees in writing, any application of proceeds to the Indebtedness shall not extend or postpone the due date of the payments due under the Indebtedness or change the amount of such payments. GRANTOR'S ASSURANCES. At any tune, upon a request of Lender, Grantor will execute and deliver to the Lender, and if appropriate, cause to be recorded, such further mortgages, assignments, assignments of leases and rents, security agreements, pledges, financing statements, or such other document as Lender may require, in Lender's sole discretion, to effectuate, complete and to perfect as well as to continue to preserve the Indebtedness, or the lien or security interest created by this Security Instrument. ATTORNEY-IN-FACT. Grantor appoints Lender as attorney-in-fact on behalf of Grantor. If Grantor fails to fulfill any of Grantor's obligations under this Security Instrument or any Related Documents, including those obligations mentioned in the preceding paragraph, Lender as attorney-in-fact may fulfill the obligations without notice to Grantor. This power of attorney shall not be affected by the disability of the Grantor. EVENTS OF DEFAULT. The following events shall constitute default under this Security Instrument (each an "Event of Default"): (a) Failure to make required payments when due under Indebtedness; (b) Failure to perform or keep any of the covenants of this Security Instrument or a default under any of the Related Documents; (c) The making of any oral or written statement or assertion to the Lender that is false or misleading in any material respect by Grantor or any person obligated on the Indebtedness; (d) The death, dissolution, insolvency, bankruptcy or receivership proceeding of Grantor or of any person or entity obligated on the Indebtedness; (e) Any assignment by the Grantor for the benefit of the Grantor's creditors; (f) A material adverse change occurs in the financial condition, ownership or management of Grantor or any person obligated on the Indebtedness; or (g) The Lender deems itself uisecure for any reason whatsoever. REMEDIES ON DEFAULT. Upon the occurrence of an Event of Df;fault, Lender may, without demand or notice, pay any or all taxes, assessments, premiums, and liens required to be paid by Grantor, effect any insurance provided for herein, make such repairs, cause the abstracts of title or title insurance policy and tax histories of the Property to be certified to date, or procure new abstracts of title or title insurance and tax histories in case none were furnished to fit, and procure title reports covering the Property, including surveys. The amounts paid for any such purposes will be added to the Indebtedness and will bear interest at the rate of interest otherwise accruing on the Indebtedness until paid. In the event of foreclosure, the abstracts of title or title insurance shall become the property of the Lender. All abstracts of title, title insurance, tax histories, surveys, and other documents pertaining to the Indebtedness will remain in Lender's possession until the Indebtedness is paid in full. IN THE EVENT OF THE SALE OF THIS PROPERTY UNDER THE PROCEDURE FOR FORECLOSURE OF A SECURITY INSTRUMENT BY ADVERTISEMENT, AS PROVIDED BY APPLICABLE LAW, OR IN THE EVENT THE LENDER EXERCISES ITS RIGHTS UNDER THE ASSIGNMENT OF LEASES AND RENTS, THE GRANTOR HEREBY WAIVES ANY RIGHT TO ANY NOTICE OTHER THAN THAT PROVIDED FOR SPECIFICALLY BY STATUTE, OR TO ANY NDICIAL HEARING PRIOR TO SUCH SALE OR OTHER EXERCISE OF RIGHTS. Upon the occurrence of an Event of Default, Lender may, without notice unless required bylaw, and at its option, declare the entire Indebtedness due and payable, as it may elect, regardless of the date or dates ofmaturity thereof and, if permitted by state law, is authorized and empowered to sell or to cause the Property to be sold at public auction, and to execute and deliver to the purchaser or purchasers at such sale any deeds of conveyance good and sufficient at law, pursuant to the statute in such case made and provided, and out of the proceeds of the sale to retain the sums then due hereunder and all costs and charges of the sale, including attorneys' fees, rendering any surplus to the party or parties entitled to it. The recitals in the trustee's deed shall be prima facie evidence of the truth of the statements made in it. If Lender chooses to invoke the power of sale, Lender or Trustee will provide notice of sale pursuant to applicable law. Any such sale or a sale made pursuant to a judgment or a decree for the foreclosure hereof may, at the option of Lender, be made en masse. The commencement of proceedings to foreclose this Mortgage in any manner authorized bylaw shall be deemed as exercise of the above option. Upon the occurrence of an Event of Default, Lender shall immediately be entitled to make application for and obtain the appointment of a receiver for the Property and of the earnings, income, issue and profits of it, with the powers as the court makuig the appointments confers. Grantor hereby irrevocably consents to such appointment and waives notice of any application therefor. NO WAIVER. No delay or failure of Lender to exercise any right, remedy, power or privilege hereunder shall affect that right, remedy, power or privilege nor shall any single or partial exercise thereofpreclude the exercise of any right, remedy, power or privilege. No Lender delay or failure to demand strict adherence to the terms of this Security hnstrument shall be deemed to constitute a course of conduct inconsistent with Lender's right at any time, ©2004-2006 Copyright Compliu~ce Systerrrs, hoc. 340A-1CB7 - 2006.11.182 www.cotnpliancesystems.com Conunercial Real Estate Security Lstrwnecd - DL4007 Page 3 of 5 B00-968-8522 -Fax 616-956-1868 .SJ~f l3 29081593 before or after an event of default, to demand strict adherence to the terms of this Security Instrument and the Related Documents. SUBSTITUTE TRUSTEE. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. JOINT AND SEVERAL LIABILITY. If this Security Instrument should be signed by more than one person, all persons executing this Security Instrument agree that they shall be jointly and severally bound, where permitted by law. SURVNAL. The Lender's rights in this Security Instrument will contu>ue in its successors and assigns. This Security Instrument is binding on all heirs, executors, administrators, assigns and successors of the Grantor. NOTICES AND WAIVER OF NOTICE. Unless otherwise required by applicable law, any notice or demand given by Lender to any party is considered effective when it is deposited in the United States Mail with the appropriate postage, mailed to the address ofthe party given at the beginning ofthis Security Instrument unless an alternative address has been provided to Lender in writing. To the extent permitted bylaw, Grantor waives notice of Lender's acceptance of this Security Instrument, defenses based on suretyship, any defense arising from any election by Lender under the United States Bankruptcy Code, Uniform commercial Code, as enacted in the state where the Lender is located or other applicable law or in equity, defnand, notice of acceleration, notice of nonpayment, presentment, protest, notice of dishonor and any other notice. TO THE EXTENT PERMITTED BY LAW, GRANTOR WAIVES ANY RIGHT TO NOTICE, OTHER THAN THE NOTICE PROVIDED ABOVE, AND WAIVES ANY RIGHT TO ANY HEARING, JUDICIAL OR OTHERWISE, PRIOR TO THE LENDER EXERCISING ITS RIGHTS UNDER THIS SECURITY INSTRUMENT. WAIVER OF APPRAISEMENT RIGHTS. Grantor waives all appraisement rights relating to the Property to the extent permitted by law. LENDER'S EXPENSES. Grantor agrees to pay all expenses incurred by Lender in connection with enforcement of its rights under the Indebtedness, this Security Instrument or in the event Lender is made party to any litigation because of the existence of the Indebtedness or this Security Instrument, as well as court costs, collection charges and reasonable attorneys' fees and disbursements. ASSIGNABILITY. Lender may assign or otherwise transfer this Security Instrument or any of Lender's rights under this Security Instrument without notice to Grantor. Grantor may not assign this Security Instrument or any part of the Security Instrument without the express written consent of Lender. GOVERNING LAW AND JURISDICTION. This Security Instrument will be governed by the laws ofthe State of Nebraska. SEVERABILITY. If a court of competent jurisdiction determines any term or provision of this Security Instrument is invalid or prohibited by applicable law, that term or provision will be ineffective to the extent required. Any term or provision that has been determined to be invalid or prohibited will be severed from the rest of the Security Instrument without invalidating the remainder of either the affected provision or this Security Instrument. WAIVER OF JURY TRIAL. All parties to this Deed of Trust waive any right to trial by jury to the extent allowed by law. This jury trial waiver applies to any claims or disputes related or incidental to the relationship established between the parties to this Deed of Trt-st. UNIFORM COMMERCIAL CODE (IT.C.C.) Grantor grants to Lender a security interest in all goods that Grantor owns now or in the future and that are or will become fixtures retated to the Property. Grantor agrees that this Security Instrument shall suffice as a financing statement and may therefore be filed of record as a financing statement for the purposes of Article 9 of the Uniform Commercial Code. Grantor authorizes Lender to file any financing statements required under the Uniform Commercial Code. ENTIRE AGREEMENT OF THE PARTIES. This agreement, including all agreements referred to or incorporated into this agreement, constitutes the entire agreement between the parties relating to the subject matter of this agreement. This agreement supersedes all prior oral or written agreements, commitments and understandings between the parties relating to the subject matter of this agreement and cannot be changed or terminated orally, and shall be deemed effective as of the date noted above. ADDITIONAL PROVISIONS. REQUEST FOR NOTICE. Grantor and Lender hereby request that a copy of any notice of default and notice of sale made or executed by Trustee pursuant to the provisions hereof be sent to Grantor and Lender at their respective mailing addresses set forth above. By signing tl-is Security Instrument, each Grantor acknowledges that all provisions have been read and understood. Signed and sealed by Grantor (s): Hastings Pork U~' 2004-2006 Copyrigld Compliance Systems, Iro. 340A-1CB7 - 2006.11.182 www.compliancesystems.com Cornmercial Real Estate Security Lskmnent - DL4007 Page 4 of S 800-968-8822 -Fax 616-956-1868 ~a nJ- /,~ 2U081593 By: FHT, Inc., Partner ~~G`- /~ air;-C~ By: Caesar Larson Date Its: President By: Hastings Holdings Corporation, Managing Partner By: Caesar Larson Date Its: President By: Hastings Pork, Inc., Partner C~~- ~r~-~ ~~~ By: Caesar Larson .Date Its: President FHT, Inc. By: Caesar Larson Date Its: President Hastings Pork, Inc. By: Caesar Larson Date Its: President BUSINESS ACKNOWLEDGMENT STATE OF NEBRASKA ) COUNTY OF ~=,`Ill~c~ f~. ) This instrument was acknowledged on the ~tA2C-yt ~~ t ~ ~'~~ , by: Caesar Larson, President of FHT, Inc., Caesar Larson, President of Hastings Holdings Corporation, Caesar Larson, President ofHastings Pork, Inc., on behalf of Hastings Pork, a Nebraska General Partnership, who personally appeared before me. Caesar Larson, President on behalf of FHT, Inc., a Nebraska Corporation, who personally appeared before me. Caesar Larson, President on behalf of Hastings Pork, Inc., a Nebraska Corporation, who personally appeared before me. In witness whereof, I hereunto set my hand and, if applicable, official seal. My conunis_sion expires: ~~~~i~ ~ENERAI NOTARY-State of Nebraska ~I LELAND L. POPPY ~-_~~a.~ My Comm. Exp. Nov 27, 2Q11 (Official Seal) THIS INSTRUMENT PREPARED BY: TierOne Bank 700 N Webb Road Grand Island, NE 68803 AFTER RECORDING RETURN TO: TierOne Bank / Br. 17 111 S Dewey St North Platte, NE 69101-0220 02004-2006 Copyrigld Cotnpliance Systetrn, Inc. 340A-1CB7- 2006.1L162 Cmrunercial Real Estate Security Lrshtmmetd - DL4007 Page 5 oF5 www. compliancesystems.com 800-968-8522- Fax 616-956-1868 '~ of ~,~ ~~~~~~~~ EXHTBTT A ~ractNo.1,--A parcel of land more particularly described as, being located within the following metes and bounds:- Commencing at the Southwest corner of Section Thirteen (13), Township Seven (7) North, Range Nine {g) West of the Sixth {6th) P.M., Adams County, Nebraska; thence Easterly along the South section line of Section Thirteen (13}, a distance of One Thousand Three' Hundred Eighty-Six and No-tenths feet (1,386.0') to a point, thence left Northeasterly Fifty-Seven degrees Thirty minutes (57°30'), along the center line of paved road, a distance of One Thousand One Hundred Eighteen and No-tenths feet (1,118.0') to a point of beginning, thence right Fifty-Seven degrees 'T'hirty minutes {57 30') Easterly a distance of Three Thousand Three Hundred Twelve and No-tenths feet (3,312.0') to a point on the section line common to Section Thirteen (13); Township Seven (9) North, Range Nine {g) West of the Sixth (6th} P.M., Adams ' County, Nebraska, and Section Eighteen ('18), Township Seven (7) North, Range Eight (8)'West of the Sixth (6th) P.M., Clay ~. County, Nebraska, which is Nine Hundred Forty-Five and No-tenths feet {945.0') North of the Southwest corner of Section Eighteen (18), Township Seven (7) North, Range Eight (8) West, thence Easterly through sections Eighteen (18} and Seventeen (17), Township Seven (7} North, Range Eight (8) West, a distance.of Ten Thousand Two Hundred Eighty-Nine and Two-tenths feet (10,289.2') to a point on the section line common~to Sections Seventeen (17) and Sixteen (16), Township Seven (7) North, Range Eight (8) West, which is Eight Hundred Twenty and No-tenths Eeet (820.0'.) North of the Southwest corner of Section Sixteen (16), Township Seven (7) North, Range Eight (8) West, thence left Northerly along the section line common to Sections Seventeen (17) and Sixteen (16}, Township Seven (7) North, Range Eight (8) .. West, a~distance of One Hundred N~.nety and No-tenths feet 0.90.0') to a point, thence right Easterly a distance of One Thousand Eight Hundred Twenty-Eight and Fifty-Six Hundredths feet (1,828:56') to a point ors a straight line which, if extended Easterly would intersect the West line of Section F.f_.teexl. {~,~) , Township Seven (.7) North, Range Eight (8) West of the Sixth (6th) P.M., at a point One Thousand and No-tenths feet (1,000.0') North of the Southwest corner of said Section Fifteen (15), Township Seven (7) North, Range Eight (8) West of the Sixth {6th) p.M.; thence from said point which is on said line and One Thousand Eight Hundred Twenty-Eight and Fifty--Six Hundredths feet (1,828.56') East of the West section line of said Section Sixteen (16), left Northeasterly Fifty-Seven degrees Fifteen, minutes (57°15'), a distance of Two Thousand Nine Hundred Four and No-tenths feet {2,804.0') to a paint; thence left Westerly One Hundred..Twenty-Two degrees Forty-Five minutes (122°45'), a distance of Three Thousand Two Hundred Ninety-Three and Thirty-Two Hundredths feet (3;293.32') to a point thence Westerly along the same line a distance of Four Exhibit A-~. ¢9 ~" f.~ ~Qa81593 Thousand One Hundred Fifty-Eight and No-tenths feet (4,158.0') to a point in Section Seventeen (17)~, Township Seven (7) North, Range Eight (8) West, thence Westerly along the same line a distance of Seven Thousand Eight Hundred'Sixty-Two and Eight-tenths feet (7,862.8') through Section Eighteen (18), Township Seven (7) North, Range Eight (8) West, to a point • ~.ocated in 'Section Thirteen (7.3) , Township Seven (7) North, Range Nine (9) West, Adams County; thence left Southwesterly Forty-Five degrees Thirty minutes (45°30') a distance of One hundred Sixty-One and One-tenths feet (161.1') to a point, thence left Southwesterly 'Twelve degrees Zero minutes•(12°00') a distance of Two Thousand Nine Hundred Fifty-Three and No-tenths feet- (2,953.0') to the point of beginning. EXCEPT tract deeded to Leroy W. Thom and Jean E. Thom, by. deed recorded, in Book•187, Page 219, more particularly described as: A tract of land in Section 13, Township 7 North, Range 9 West of tk~e 6th P.M., Adams County, Nebraska, and in Sections 18 and 17, Township 7 North, Range 8 West of the 6th P.M., Clay County., Nebraska, more particularly: described as being located within the following metes and"bounds: Commencing at the Southwest earner of said Section 13; thence Easterly along the South line of said Section 13 a distance of 1.,386.0 feet; thence left Northeasterly 57°30' for a distance of 1,118.0 feet to a point of beginning; thence right Easterly. 57°30' a distance of 3,312.0 feet to a point on the East line of said Section 13, which point is 945.0 feet North~.of the Southeast corner of said Section 13; thence Easterly along the same line a distance of 5,060.8 feet to a point on the East line of said Section 18 which point is 888.0 feet North of the Southeast corner of said Section 18; thence Easterly along the same line a distance of 5,228.4 feet to a point on the East line of said Section 17, which point is 820.0 feet North of the Southeast corner of said Section 17; thence Northerly along said East line of said Seotion 17 a distance of 7.70,9 feet to .a point;; thence Westerly a distance of 5.,228.4 feet to a point on the East line of said Section 18, which point is 1,060.0 feet North of the Southeast corner of skid Section 18; thence westerly a distance of 5_,060.8 feet to a point on the East line of•said Section 13, which point is. 3.,7..7.8.3 .feet North of the Southeast. corner of said Section 13; thence Westerly a distance of 3,203..4 feet to a point; , thence left Southwesterly 57°30' a distance of 205.9 feet to the point of beginning, said tract containing 53.59 acres, more or IeSS; ANTS FURTHER EXCEPTING tract deeded to Hastings Hide, Inc. by deed recorded in Book 103, Page 290,. and more particularly described as follows: A tract o~ land lying in Section 7.7, Township 7 North, Range 8 West, of the 6th P.M., Clay County, Nebraska, being more particularly described as follows: With reference to the Southwest~coxner of Section 13, Township 7 North, Range 9, West of the 6th P.M., Adams County, Nebraska; thence running Easterly along the South ,line of said Section 13, a distance of 1385.50 feet; thence deflecting left. Exhibit A-2 ~of~3 2008593 56°55'35" and running Northeasterly along the cen~erline•of a paved road a distance of 4071.09•feet; thence-deflecting right 11°04'13" and continuing along•'the centerline of said paved road a distance of 159.83 feet; thence deflecting right 45°49'16" and running Easterly along a~fence line through said Section 13, through Section 18, Township 7 Narth, Range 8, West of the 6th P.M., Clay County, Nebraska, and into said Section.l.7, a distance of 7859.52 feet to a found 1/2" rebar, said rebar.being the ACTUAL-POINT OF BEGINNING and also marks the Southeast Corner of the Midstate Industrial'Company Area B-7.; thence deflecting right 0°03'04" and running Easterly a distance of • 2026.10 feet; thence de~lect•ing right 90°00'00" and running Southerly a distance of 215.00 feet; thence deflecting right 90°00'00 and runnin~•Westerly a distance of 2026.10 feet; thence deflecting right 90 00'00" and running Northerly a distance of 215.00 feet to the ACTUAL POINT OF BEGINNING: and further EXCEPTING a tract conveyed to Hastings Hide, Inc. by deed recorded in Book 106 at Page 185•, more particularly described as: A tract of land lying in Section 17, Township 7 North, Range 8 West of the 6th P.M „ Clay County, Nebraska, being more particularly described as follows: With reference to the Southwest corner of Section. l3, Township 7 North, Range 9 West of the 6th P.M., Adams County, Nebraska; thence running Easter~.y along the South line of said Section 13 a distance of 1385.50 •feet; thence deflecting left 56°55'35" and running Northeasterly along the centerline of a paved road a distance•of 4071.09 feet; ,thence deflecting xight 11°04'131f and Continuing along the Centerline of said paved road a distance of 159.83 feet; thence deflecting right 45°49116" and running Easterly along a fence line through said Section 13 ,• through Section 18, Township 7 North, Range 8, West of the 6th P.M., Clay County, Nebraska, and into said Section 17 a distance of 7859.52 feet to a found 1/2 inch rebar, said rebar also marks the Southeast corner of Midstate Industrial Company Area B-1.; thence deflecting right 0°03'04" and running Easterly a distance of 2026.10 feet to the ACTUAL POINT OF BEGINNING; thence Continuing along the previously described course a distance of 1013.05 feet; thence deflecting right 90°00'00" and running Southerly a distance of 27.5.00 feet; thence deflecting right 90°00'00" and running Westerly a distance:of 1013..05 feet; thence deflecting right. 90°00'00" and running Northerly a distance of 215.00 feet to the ACTUAL POINT OF BEGINNING. i ~ Exhibit A-3 • ~ .. ~~ ~fJ~ .. 7.`ract No. 2--A parcel of land more. particularly described• as being located within the following metes-and bounds: Commencing at the Southwest corner of Section Fifteen (15), Township Seven (7~ North, Range Eight (8) West of the Sixth (6th) P.M., Clay County, Nebraska; thence North along, the West line of said section a distance of Orie thousand and no-tenths feet (1,000.0'} to a point of beginning; thence Easterly a distance of Five Thousand Two Hundred Seventy-Two and No-tenths feet (5,272.0') to a point on the section line common tv Sections Fifteen (15}~ and Fourteen {14), Township Seven (7) North, Range Eight (8) West to a point, which is Nine'HUndred Thirty and No-tenths feet (930.0') North of the Southwest corner of Section Fourteen~(14), Township Seven {7) North, Range Eight (8) West, thence~EasterZy a distance of Five Thousand Two Hundred Fifty-One and One-tenths feet (5,251.I'} to a point on the section line common to Sections Fourteen {14) and Thirteen (13), Township .Seven (7) North, Range Eight (8) West, which is Eight Hundred Fifty and ' No-tenths feet (850.0') North of the Southwest corner of Section Thirteen {13), Township Seven (7) North, Range Eight (8) West, thence Easterly along the same line a distance of Six Hundred Eight a.nd Two-tenths feet (608 .2' ) to a~ point, thence left Northeasterly Fifty-Five degrees Three minutes (55°03') a ' distance of Two Thousand Two'Hundred Forty-Six and Seven-tenths feet {2,246.7') to a point on the North line of the South • One-Half (1/2) of Section Thirteen (13), Township Seven (7) North, Range Eight (8) West, thence right Easterly Fifty-Four degrees Forty-Three minutes (54°43')~ along the said One-Half (~./2) section line, to a point which is the intersection of the One-Half (1/2) section line of Section Thirteen (13), Township Seven (7) North, Range Eight (8) West, thence Northerly along the East line of the West One-Half (1/2) section line of said Section Thirteen {13}, a distance of Three Hundred Fifty-Two and One-tenths feet (352.1') to a point, thence left Westerly Eighty-Nine degrees Forty-Two minutes.(89°42') a distance of Fifteen Thousand Two Hundred Twenty-Seven and.Two-tenths feet (15,227.2') through Section Fourteen (14)~and Fifteen (15), Township Seven (7) North, Range Eight (8) West to a point in Section Sixteen (~.6) , Township,~Seven (7}. North, Range Eight (8) West, thence left Southwesterly Fifty-Seven degrees Fifteen minutes (57°15') a distance of Two Thousand Six Hundred Seventy-Three and Five-tenths feet (2,673.5') to a point; thence left Easterly One Hundred Twenty-Two degrees Forty=Five minutes (122°45') a distance of Three Thousand Four Hundred Fifty-One and Forty-Four Hundredths feet (3,451.44') to the paint of beginning, ~ . EXCEPT that portion conveyed to FHT, Snc., b~ Deed recorded in Book 101, Page 530, and designated as Tract No. 3 herein and described as: A tract of land Comprising a part of the Northwest•~Quarter (NGT 1/4) , and Southwest Quarter (SW 1/4) of Section Thirteen (13) and part of. the Northeast Quarter and Southeast Quarter (SE 1/4) of Section Fourteen (14),' all in Exk~ibit A-4 ,.. o~ ~~ ~oo$~~~~ Township Seven (7) North, Range Eight (8) West o~ the 6th P.M., Clay County, Nebraska and more particularly described as follows: Beginning at the center of said Section 3.3; thence. running Northerly along the East line of the NW 1/4 of.Sectidn '~ 13 a distance of Three Hundred Seventy-Eight and Three Tenths (378.3) feet; thence deflecting left 89°36' and running Westerly a distance of Four Thousand Two Hundred Eighty-Five and .• Ninety-Three Hundredths (4,285.93) feet; thence deflecting left. 57°08'30" and running Southwesterly a distance of Two Thou"sand Six Hundred Thix:ty-One and Seventy-Eight Hundredths'(2,631.78) feet; thence deflecting left 3.22°59x45" and running Easterly a distance of Twa Thousand Eight Hundred One and Thirty-Four Hundredths (2,801.34) feet; thence deflecting left 89°54'15"• and running Northerly a distance of Three Hundred Thirty (330.0) feet; thence deflecting right 89°56' and running Easterly a distance of One Thousand Sixty-Six and Eighty-Two Hundredths, (1,066.82) feet; thence deflecting left 54°56'15" and running Northeasterly a distance of One Thousand Eight Hundred Eight and Eighty-Six Hundredths (1,808.86) feet to a point on the South line of the NW 1/4 of Section 13, thence•runn~.ng Easterly along the South line of the NW 1/4~of Section 13 a distance of Eight Hundred Twelve and Six Tenths (83:2.6) feet to'the point of beginning and containing 3.85.66 acres more or less, Clay County, Nebraska, • AND FURTHER EXCEPTING that portion•conveyed to the United States of America by deed recorded in Book 95, Page 651,, and . more particularly described as: Those parts of tY~e Southwest Quarter of Section 13 and. the Southeast Quarter of Section 14 more particularly described as follows: Beginning at a•point on . the East line of said Section 14, 850.0 feet North of the Southeast corner, thence N 89°53'W 290.4 feet; thence N 0°22'E • 330.0 feet; thence S 89°41'E 288.222 feet to a point on the West line of Section '13; thence continuing with the last described course and in section 3.3, S89°41.'E 778.602, feet; thence S 35°25'W to a point 608.2 East of the West line of Section 13; thence West 608.2 feet to the point of beginning Tract No. 3--A tract of .land compris~.ng a part of the Northwest Quarter (NW 1/4}, and Southwest Quarter {SW Z/4) of Section Thirteen (13) and part of the Northeast Quarter and Southeast Quarter (SE 1/4) of Section Fourteen (14), all in Township Seven (7) North, Range Eight (8) West of tk~.e 6th P.M., Clay County, Nebraska and more particularly described as follows: .Beginning at the center of said Section 13; thence running Northerly along the East line of the NW 1/4 of Section 13 a distance of Three Hundred Fifty-Two and One Tenth (352.1)•feet, more or less, to the South line of Midstate Industrial Co., Subdivision B-3; thence deflecting left~89°36' and running Westerly a distance of Four Thousand Two Hundred Eighty-Five and~Ninety-Three Hundredths (4,285.93) feet; thence deflecting left 57°08'30" anal running Southwesterly a distance. of Two Thousand Six Hundred Exhibit A-5 Jol ~~/.~ x.,' ~:~ Tha.rty-One and Seventy-Eight Hundredths, (2,631.78) feet; thence deflecting left 122°59'45" and running Easterly a distance of Two Thousand Eight Hundred On,e and Thirty-Four Hundredths (2,801.34) feet; thence deflecting left 89°54'15" and running Northerly a distance of Three Hundred Thirty (330.0) feet; thence deflecting right 89°56' and running Easterly a distance of One Thtsusao,d Sixty-Six and Eighty-Two Hundredths (1,066.8.2) feet; thence deflecting left 54°5&'15" and running Northeasterly a distance of .One Thousand Eight Hundred,Eight and .Eighty-Six Hundredths (1,808.86) feet to a point on the South line of the ~ ~l4 of'Section 13, thence running Easterly along the South line of the NW 1/4 of Section 13 a distance of Eight Hundred Twelve and Six Tenths (812.6y feet to the point of beginning, Clay County, Nebraska Tract No.4--A11 of I,ot F~.fty-Seven (57), Midstate Industrial Co., Subdivision 8-1, Clay County;;. Nebraska ~ . Tract No. 5 -All of Lot Fifty-eight (S8), Midstate industrial Co. Subdivision B-1, Clay County, IVebi~aska: Exhibit A-6 l,3 °f/3