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<br />See Attached Exhibit A
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<br />A 2
<br />DEED OF TRUST
<br />WITNESSETH:
<br />Page 1 of 5
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<br />This is a Construction Security Agreement and it secures an obligation which the borrower has and will incur for the
<br />purpose of making an improvement or improvements of the real estate in which the security interest is given.
<br />THIS DEED OF TRUST is made this 16th day of June , 2014 , by and between
<br />John W Posey and Krystal A Posey, Husband and Wife whether one or more, (hereinafter called the "Trustor"), whose
<br />mailing address is 326 E Plum Street Doniphan NE 68832 and Lincoln Financial, Inc. (hereinafter
<br />called the "Trustee "), whose mailing address is 100 Main Street, Wayne, NE 68787 and Lincoln Financial,
<br />Inc. , (hereinafter called the "Beneficiary"), whose mailing address is 100 Main Street
<br />IF THIS BOX IS CHECKED THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br />AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, GRANTS AND
<br />CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREINBELOW.
<br />WHEREAS, Trustor is indebted to Beneficiary in the principal sum of Three Hundred Twenty -Eight Thousand
<br />Dollars $ 328 000.00 ) which indebtedness is evidenced by Trustor's promissory note dated June 16, 2014 , (hereinafter
<br />called the "Note "), payable to the order of Beneficiary and having a maturity of February 16, 2e44 ao15 t i�
<br />NOW, THEREFORE, for the purpose of securing: J
<br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future
<br />advances, and all extensions, modifications, substitutions and renewals thereof,
<br />(b) payment of all other sums, fees or charges, together with interest thereon, advanced to protect the
<br />security of this Deed of Trust and the performance of the covenants and agreements of Trustor,
<br />whether or not set forth herein,
<br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of
<br />Trustor contained herein or incorporated by reference or any other security instrument at any time
<br />given to secure the Note, and
<br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have
<br />been or hereafter be advanced by beneficiary to Trustor or Trustor's successor in interest or title, all
<br />of which is hereinafter collectively called the "Indebtedness ", Trustor irrevocably grants and transfers to
<br />Trustee, in trust, WITH POWER OF SALE, the following described property:
<br />together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or
<br />hereafter located thereon, (ii) all equipment machinery and fixtures (including without limitation, all lighting, heating, ventilating,
<br />cooling, air conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers,
<br />mirrors and mantels, carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems,
<br />dynamos, transformers, electrical equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached
<br />to, or built in, any building or improvement now or hereafter located thereon, (iii) all easements, rights of way appurtenant thereto,
<br />(iv) all leasehold estate, right and title and interest of Trustor in and to all leases, whether now or hereafter existing or entered into
<br />(including, without limitation, all cash and security deposits, advance rentals and deposits or payments of a similar nature),
<br />pertaining thereto, (v) all rents, issues, profits and income therefrom (subject to the right of Trustor to collect and apply such rents,
<br />issues, profits and income as they become due and payable so long as no event of default exists hereunder), (vi) all royalties,
<br />mineral, oil and gas rights and profits, water, water rights, and water stock, (vii) all tenements, hereditaments, privileges and
<br />appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion, voluntary or involuntary,
<br />of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and condemnation
<br />awards, all of which is hereinafter collectively called the "Trust Property ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust
<br />Property free from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first
<br />lien on the Trust Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a
<br />first and paramount lien upon the Trust Property and will forever warrant and defend the validity and priority of the lien
<br />hereof against the claims of all persons and parties whomsoever. Trustor, at its expense, will cause this Deed of Trust,
<br />and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust Property in such
<br />manner and in such place and will take such action as in the opinion of Trustee may be required by any present or
<br />future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may be amended or
<br />supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust
<br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the
<br />Trust Property.
<br />2. Payment of indebtedness. Trustor shall punctually pay the principal of and interest on the indebtedness secured hereby.
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