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Jacob North Printing Co., Lincoln, NE 68524 <br />(7, <br />CJ� <br />o <br />Q-- <br />2 <br />K <br />DEED OF TRUST <br />Cs,U <br />= c O A <br />D ;, cam__ z — 4 <br />N <br />C7 <br />co W <br />T CD <br />y3 r - c.l <br />C.) R co <br />. W <br />r <br />o n' c.n <br />8 u o <br />2013 ,by <br />THIS DEED OF TRUST, is made as of 19th day of July <br />and among Tim C. Plate. a single person ( "Trustor "), whose mailing address is <br />c/o 620 N. Webb Road, Grand Island, NE. 6$$03; Dianne,L. Schulte, Real Estate Broker <br />( "Trustee "), whose mailing address is cJo 620 N. Webb Road, Grand Island, NE. 68803 <br />and Plate Enterprises LLC ( "Beneficiary") <br />whose mailing address is 2209 F. Stoll ey Park Road. xand Tapd. NE. 68801 <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, <br />the real property located in the City of Grand Island , County of <br />Hall , State of Nebraska, and legally described as follows (the "Property "): Part of the Northeast <br />Quarter of the Northwest Quarter (NEiNWi) of Section Twenty —Two (22), Township Eleven (11. <br />North Range Nine (9) West of the 6th P.M, Hall County, NE. more particulaf <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roacfil, s ree an a eye, <br />improvements and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral <br />part of such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtness in the total principal amount of $ 150 , 000.00 , with interest thereon, as evidenced by that <br />certain promissory note of even date (the "Note') with a maturity date of Augus t 1 , 2028 , <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof; and <br />b. Payment of all stuns advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of <br />Four percent ( 4 %) per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the indebtedness <br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every kind, now or hereafter levied <br />against the trust estate or any part thereof as follows: <br />(initial one) <br />X Trustor shall directly pay such taxes, without notice or demand as each installment comes due and shall <br />provide the beneficiary with evidence of the payment of the same. <br />Trustor shall pay to beneficiary one - twelfth of the real estate taxes each month and such other assessments <br />as they become due. The one - twelfth payment shall be adjusted annually as the taxes change and trustor agrees that <br />after payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide trustor with receipts showing that the real estate taxes have been paid in full and when due. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no leas than the amount of the unpaid principal balance of the <br />Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. <br />Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation <br />( "Condemnation "), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief <br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />6. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property <br />to Trustor may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are secured hereby. <br />2J <br />C, <br />C? <br />Z <br />-- <br />