thayer land lein on pearidge

8/3/2019 Thayer Land Lein on PEARIDGE

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MISSOURI OEEO OF TRUST ANO SECURITY AGREEMENTTHIS MISSOURI DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE ADVANCES ANDFUTURE OBLIGATIONS AND SHALL BE GOVERNED BY SECTION 443.055 R.S.MO., AS AMENDED FROMT IM E TO T!ME. THE TOTAL FACE AMOUNT OF THE PRESENT AND FUTURE ADVANCES ANDOBLIGATIONS WHICH MAY BE SECURED HEREBY IS $9,226,000, PLUS ANY ADDITIONAL AMOUNTSWHICH MAY BE SECURED HEREBY UNDER THE PROVlSIONS OF SECTiON 443.055 R.S.MO., ASAMENDED.

THIS MISSOURi DEED OF TRUST AN D SEC UR ITY AGREEMENT (as the same may be modified,extended, renewed or restated from time to time, this "Deed of Trust"), dated as of June 29, 2010, is granted byUPL AND WINGS, tNC., a Missouri corporation ("G rantor"), having a mailing address of 1185 Ross Roa d, St.Louis, Missouri 83146, to DAVID F. NaERS, an individual resident in Missouri ("Trustee") having a mailingaddress of 120 S. Central, Suite 1500, St Louis,MO 63 105 , to hold in trust for the benefit of THAY ER LANDDEVELOPMENT COMPA NY, U ..C , a M is so uri limited lia bility company, as c-eneflciary (together with its successorsand assigns, "Beneficiary") having a mailing address of 120 S. Centra!, Suite 1500. S1. Louis, MO 63105. Th efollowing recitals form the basis and are a materia! part of this Deed of Trust

A . Granter and Wings Enterprises, Inc. ("Enterprises'} (Grantor and Enterprises ea ch and coliectivelyreferred to as "BofTowe() have executed and deiivered to Beneficiary tw o Demand Notes payable to the order ofBeneficiary. in the principal amounts of $7,000,000.00 and $2,226,000.00 respectively (as amended, each andco llectively the 'Note"), which provides for interest as therein set forth, and is payable on demand.

B. Borrower is now or hereafter may become otherwise obligated or indebted to Beneficiary, andBeneficiary may make future advances to Bo rrower, and Borrower may incur future obligations to Beneficiary,whether pursuant to the Note as specified above, or pursua ra to other related loan documents (coFteCtive iy . the "LoanDocuments") (co!!ect!veiy, the "Obligations").C. The parties intend that this Deed of Trust shall secure the payment and performance of the

Obligations (which obligations shall be deemed to include aU of Grantor's obligalions hereunder).CONVEYANCE

NOW, THEREFORE, as security for Ihe Obligations. and in consideration thereof, and the sum of TenDollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of whichare hereby acknowledged, Grantor by these presents does hereby GHANT, BARGAIN AND SELL, CONVEYAND CONFIRM, ASSIGN, TRANSFER AND SET OVER unto Trustee, and Trustee's successors and assigns,forever, IN TRUST. with power of sate. the following described real estate, chattels real, personal property andother properties, interests and rights, whether now owned or hereafter acquired by Grantor (eel/ectively, the"Mor tg ag ed P ro pe rty"):

A. Land. Aii the estate, right, title and interest of Grantor in, to and under, or derived from the plots,pieces and parcels of land situated in the County of Was~ington, State of Missouri, more particularly described inExhibit A hereto (the 'Land") with the tenements, hereditaments, appurtenances, passages, waters, water rights.water courses, riparian rights and all the estates. liberties, privileges and rights of Grantor in and to the Land andall right, title and interest, i f any. of Grantor in and to the streets. roads, sidewalks and alleys abutting the Land,and strips, gaps and gores within or adjoining the Land, whether private or public and whether vacated or to bevacated by Law or otherwise; the air space and right to use said air space above the Land and any transferabledevelopment or Sim ilar rights appurtenant thereto, al! rights of ingress and egress by motor vehicle to parkingfacilities on or within the Land, all easements now or hereafter affecting or benefit ing the Land. including, withoutlimitation. all feC ipfO"...a1 easement agree.'11ents. royaUies and all rights appertaining to the use and enjoyment ofthe Land, including alley, drainage, mineral, water, oil, gas. coal and other mineral rights in or under the Land.B. Imorovements. All buildings,improvements and structures at any time, now or hereafter, erected,situated or placed thereon (the ~Impfovements").

5162836 0001:13


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MISSOURI DEED OF TRUST AND SECURITY AGREEMENTTHIS MISSOURI DEED OF TRUST AND SECURITY AGREEMENT SECURES FUTURE ADVANCES ANDFUTURE OBLIGATIONS AND SHALL BE GOVERNED BY SECTION 443.055 RS.MO., AS AMENDED FROMTIME TO TIME. THE TOTAL FACE AMOUNT OF THE PRESENT AND FUTURE ADVANCES ANDOBLIGATIONS WHICH MAY BE SECU~ED HEREBY IS $2,000,000, PLUS ANY ADDITIONAL AMOUNTSWHICH MAY BE SECURED HEREBY UNDER THE PROVISIONS OF SECTION 443.055 RS.MO., ASAMENDED.

THIS MISSOURI DEED OF TRUST AND SECURITY AGREEMENT (as the same may be modified,extended, renewed or restated from time to time, this "Deed of Trusr), dated as of September 29, 2010, isgranted by UPLAND WINGS, INC., a Missouri corporation ("Granton, having a mailing address of 1185 RossRoad, Sl. Louis, Missouri 63146, to HBS TRUSTEE, INC., a Missouri corporation ("Trustee") with an officelocated at 235 East High Street, Jefferson City, Missouri 65101, to hold in trust for the benefit of HUSCHBLACKWELL LLP, a Missouri limited liability partnership, as beneficiary (together with its successors and assigns,"Benef ic iarY) having a mailing address of 190 Carondelet Plaza, Suite 600, Saint Louis, Missouri 63105. Thefollowing recitals form the basis and are a material part of this Deed of Trust:A. Grantor and Wings Enterprises, Inc. ("Enterprises') (Grantor and Enterprises each and collectivelyreferred to as "Borrower") have executed and delivered to Beneficiary a Fixed Line of Credit Demand Note payable to :fthe order of Beneflciary, in the rinci al amounts of $2,000,000.00 as amended, each and collectively the "~"),which provides for interest as therein set forth, and is paya e on eman .B. Borrower. is now or hereafter may become otherwise obligated or indebted to Beneficiary, and

Beneficiary may make future advances to Borrower, and Borrower may incur future obligations to Benef iciary,whether pursuant to the Note as specified above. or pursuant to other related loan documents (collectively, the "LoanDocuments") or any other indebtedness or other obligations of Borrower to Beneficiary, owing or which mayhereafter become owing, now or hereafter existing. whether monetary, nonmonetary, direct, indirect, acquired,joint, several, joint and several, liquidated, unliquidated, existing, future, fixed, contingent or otherwise, and anyreplacements, renewals, consolidations, extensions and other modifications of any of the above, together with anyinterest, fees, expenses and other charges thereon, and any amounts expended by or on behalf of Beneficiary forthe protection and preservation of the mortgage lien and security interest granted herein are hereinaftersometimes collectively called the Obligations".C. The parties intend that this Deed of Trust shall secure the payment and performance of theObligations (which obligations shall be deemed to include all of Grantor's obligations hereunder).

CONVEYANCENOW, THEREFORE, as security for the Obligations, and in consideration thereof, and the sum of TenDollars ($10.00) in hand paid, and for other good and valuable consideration, the receipt and sufficiency of whichare hereby acknowledged, Grantor by these presents does hereby GRANT, BARGAIN AND SELL, CONVEYAND CONFIRM, ASSIGN, TRANSFER AND SET OVER unto Trustee, and Trustee's successors and assigns,forever, IN TRUST, with power of sale, the following described real estate, chattels real, personal property andother propert ies, interests and rights, whether now owned or hereafter acquired by Grantor (collectively, the"Mortgaged Property"):A. Land. All the estate, r ight. t it le and interest of Grantor in. to and under, or derived from the plots,pieces and parcels of land situated in the Counties of Washington and Crawford, State of Missouri, moreparticularly described in Exhibit A hereto (the "Land") with the tenements, hereditaments, appurtenances,

passages, waters, water rights, water courses, riparian rights and all the estates, l iberties, privileges and rights ofGrantor in and to the Land and all right, title and interest, if any, of Grantor in and to the streets, roads, sidewalkSand alleys abutting the Land, and strips, gaps and gores within or adjoining the Land, whether private or publicand whether vacated or to be vacated by Law or otherwise; the air space and right to use said air space abovethe Land and any transferable development or similar rights appurtenant thereto, all rights of ingress and egress6175017


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F ILED_O'clock_Minutes~Mechanic's Lien Claimant:Subject Property:Amount Claimed:

Alberici Constructors, Inc ..8800 Page Ave., St. Louis, Missouri 63114$4,143,877.21

lowA. Mc..oo Q .. , SMECHANIC'S LIEN STATEMENT

O C T 0 6 - 2 0 1 00-:;By_ !..:..!R f ; ~ - ; ( ? f. J . . ! v : : : ! .. a .. = - : : J ~ ._ ) _ c ~ +

COMES NOW ALBERICI CONSTRUCTORS, INC., a Missouri corporation authorized to dobusiness in the state of Missouri ("Lien Claimant"), with its principal place of business at 8800 PageAve., St. Louis, Missouri 63114, and with a view to avail itself of the benefit of the statutes relating tomechanic's liens, files the just and true account set forth below for work, labor, and materials furnishedby Lien Claimant, as an original contractor, on behalf of itself and its subcontractors and materialmen,under a contract, dated September 22,2009, with WINGS ENTERPRISES, INC. for the benefit of, andpursuant to the approval from, UPLAND WINGS, INC. (collectively, Wings Enterprises, Inc. andUpland Wings, Inc. shall hereinafter be referred to as "Owner"), for real estate located known as PeaRidge Iron Ore, located at 10685 Wings Lane Drive, nearby Pea Ridge, Missouri and located partly inWashington County, Missouri and partly in Crawford County, Missouri. A true and correct legaldescription ofthe property (the "Subject Real Estate") is:

Tract 1: All of the East Half(E 112)of Lot One (1) of the Northeast Quarter (NE 1/4) of Section Four (4),Township 39 North, Range 1, West.Also, all of that part of Lot Two (2) of the Northeast Quarter (NE 1 14) of Section Four (4), Township 39North, Range 1West, that lies south of State Highway No. 114, originally State Highway SD.All right, title and interest in and to the Surface Rights Only in and to Lot one (1) of the NorthwestQuarter (NW 1/4), the West Half(W 1/2) of Lot One (1) of the Northeast Quarter (NE 114)and Lot Two(2) of the Northwest Quarter (NW 1/4}-all in Section Four (4), Township 39 North, Range 1West.

,EXCEPT: 1.07 acres conveyed to Herb Maddox and wife by a Warranty Deed recorded in Book 2000 atpage 4962.Tract 2: All of the South half of Section 4, Township 39 North, Range 1 West, EXCEPT a tract of 1.41acres in the Northwest Quarter of the Southwest Quarter for Union Electric Substation.Tract 3: Also, all ofthe Northeast quarter, and the South half of the Southwest quarter, and the Southeastquarter of Section 8, Township 39 North, Range 1West.Tract 4: All of the Surface Rights Only in and to all the Northeast Quarter (NE 114)of Section Nine (9),Township 39 North, Range 1 West.Tract 5: All of the Southwest 114 and the Northwest 114of Section 9, Township 39 North, Range 1 West, _except an undivided 25% interest in all oil, gas, coal and other minerals in and under the real estate jJ (J - a.fYconveyed to Alice L. Fisher by Special Warranty Deed recorded in Book 102 at page 25. ,.jfr .ll ! ./5>98976 Y [fYr /


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The said account is hereby filed in order that it may constitute a lien on the Subject Real Estate,and calculated as follows:

STATEMENT OF ACCOUNT1.2.3 .4 .5 .

ORIGINAL CONTRACTCHANGE ORDERSTOTAL EARNEDLESSPA~NTSRECErvEDTOTAL DUE

$5,149,269.47$ 0$4,143,877.21$ 0$4,143,877.21

SUMMARY OF REASONABLE VALUE OF WORK PERFORMEDThe amount owed to Lien Claimant is the principal sum of Four Million, One Hundred Forty-

Three Thousand, Eight Hundred Seventy-Seven and 211100 Dollars ($4,143,877.21), plus interest at the i