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Return to: Platte Valley State Bank & Trust Company
<br />PO Box 5168
<br />Grand Island NE 68802 -5168
<br />1/iv /t3 3 b( &
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<br />DEED OF TRUST
<br />Page 1 of 7
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<br />This DEED OF TRUST is made as of the 9 day of April, 2013, by and among TODD
<br />C. ENCK and KELLY A. ENCK, Husband and Wife, whose mailing address for purposes of this
<br />Deed of Trust is 511 Fleetwood Circle, Grand Island, NE 68803 -3332 (herein, "Trustor ");
<br />PLATTE VALLEY STATE BANK & TRUST COMPANY, whose mailing address is 810 Allen
<br />Drive, PO Box 5168, Grand Island, NE 68802 -5168 (herein "Trustee "); and the Beneficiary,
<br />PLATTE VALLEY STATE BANK & TRUST COMPANY, whose mailing address is 810 Allen
<br />Drive, PO Box 5168, Grand Island, NE 68802 -5168 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit to T.C.
<br />ENCK BUILDERS, INC., a Nebraska corporation (herein, "Borrower') and the trust herein
<br />created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants,
<br />transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit
<br />and security of Lender, under and subject to the terms and conditions hereinafter set forth, all of
<br />Trustor's interest in the following real estate located in Hall County, Nebraska, legally described
<br />as follows:
<br />Lots Nine (9) and Ten (10), Block Nineteen (19), Packer and Barr's Second
<br />Addition to the City of Grand Island, Hall County, Nebraska;
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges, and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including but not limited to heating
<br />and cooling equipment, and together with the homestead or marital interests, if any, which
<br />interests are hereby released and waived; all of which, including replacements and additions
<br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust,
<br />and all of the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) Trustor's Guaranty of the payment of the principal
<br />sum and interest evidenced by a Promissory Note in the original principal amount of Forty -Six
<br />Thousand Three Hundred Fifty -Nine and 17/100 Dollars ($46,359.17) of even date herewith,
<br />executed by Borrower, having a maturity date of December 31, 2018, and any and all
<br />modifications, extensions, and renewals thereof or thereto, and any and all future advances and
<br />re- advances to Borrower hereunder pursuant to one or more promissory notes or credit
<br />agreements (herein called the "Note "); (b) the payment of other sums advanced by Lender to
<br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor
<br />set forth herein; and (d) all present and future indebtedness and obligations of Trustor and
<br />Borrower to Lender, whether direct, indirect, absolute, or contingent and whether arising by note,
<br />guaranty, overdraft, or otherwise. The Note, this Deed of Trust, and any and all other documents
<br />securing the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements, and assignments of leases and rents, shall be referred to herein
<br />as the "Loan Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
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