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XI nn <br />m Z D <br />- n m to <br />c n= <br />= z <br />n0 <br />n iw <br />X S <br />AHP LOAN SECURITY AGREEMENT <br />TRUST DEED AND FIXTURE FILING <br />Return To: Horizon Bank, 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 <br />EXECUTION COPY <br />THIS TRUST DEED, made May 2014, by and among Shady Bend Villas, LLC, whose mailing <br />address is 1834 W. 7th Street, Grand Island, Nebraska 68803 -4600 (herein "Trustor "); and Horizon Bank, whose <br />mailing address is 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 (herein "Trustee "); <br />and Hall County Housing Authority, whose mailing address is 1834 W. 7th Street, Grand Island, Nebraska 68803- <br />4600 (herein "Beneficiary "). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys, and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE for the benefit and security of Beneficiary, under and subject to the <br />terms and conditions of this Trust Deed, the following described real property, located in Hall County, Nebraska: <br />See attached legal description. <br />TOGETHER WITH all of the following, whether now owned or hereafter acquired: rents, profits, <br />royalties, income, and other benefits derived from the real property; all leases or subleases covering the real property <br />or any portion thereof; all interests, estate, or other claims, both in law and in equity, in the real property; all <br />homestead exemptions which are hereby released and waived; all easements, rights -of -way, tenements, <br />hereditaments; all'uii and g?s rights and profits and water rights; all right, title, and interest of Trustor in and to any <br />land lying within the right -of -way of any street or highway adjoining the real property; any and all buildings, <br />fixtures, improvements, and appurtenances now or hereafter erected thereon or belonging thereto (herein referred to <br />as "Improvement" or "Improvements "); and any and all awards made for the taking by eminent domain, or by any <br />proceeding or purchase in lieu thereof, of the whole or any part of the real property. All of the foregoing estate, <br />property, and interest conveyed to Trustee herein collectively referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Trustor's notes or guarantee ( "Note ") with an effective <br />date of May 1, 2014, in the principal sum of One Hundred Thousand Dollars ($100,000), together with interest at the <br />rate or rates provided therein and the principal and interest on any future loans evidenced by promissory notes or <br />guarantees stating they are secured by this Trust Deed, and any and all renewals, modifications, and extensions <br />thereof, both principal and interest being payable in accordance with the terms set forth therein, which, by this <br />reference, is made a part hereof. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money which may be hereafter paid or advanced by the <br />Beneficiary under the terms of this Trust Deed, together with interest thereon at the rate provided in the "Note." <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND <br />AGREES AS FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay, when due, the <br />principal of and interest on the indebtedness evidenced by the Note, and all other charges and fees as provided in the <br />Note, and the principal of and interest on any Future Advances secured by this Trust Deed. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible <br />title and estate to the Property hereby conveyed and has the right to grant and convey the Property. The Property is <br />free and clear of all liens and encumbrances, except liens now of record, and Trustor will warrant and defend the <br />title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in <br />good repair and condition, shall not commit waste or permit impairment or deterioration of the Property, and shall <br />comply with the provisions of any lease if this Trust Deed is on a leasehold. No improvement, now or hereafter <br />erected upon the Property, shall be altered, removed, or demolished without the prior written consent of Beneficiary. <br />52 0° <br />