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201501959
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Last modified
7/21/2017 1:46:15 AM
Creation date
3/31/2015 2:13:28 PM
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DEEDS
Inst Number
201501959
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� � 201501959 <br /> AGREEMENT <br /> THIS AGREEMENT (this "Agreement") is made and entered into effective as of the 27th day of <br /> March 2015 (the "Effective Date"), by and between JEH Holdings, LLC, a Nebraska limited <br /> liability company ("JEH") and Home Federal Savings & Loan Assn of Grand Island ("Home <br /> Federal"). <br /> WITNESSETH: <br /> WHEREAS, JEH is the owner of Lot 4, Hornady Second Subdivision, City of Grand <br /> Island, Hall County, Nebraska (the "Property"); <br /> WHEREAS, Thomas K. Beswick, as Trustee of the Tom and Peggy Beswick Revocable <br /> Trust dated October 1, 2001 and Barbara Jean Beswick, as Trustee of the Barbara Jean <br /> Beswick Revocable Trust dated December 18, 2006 ("Purchaser") have entered into a Real <br /> Estate Purchase Agreement with JEH dated September 19, 2014 (the "Purchase Agreement") <br /> pursuant to which JEH has agreed to (a) construct a town home on the Property as described in <br /> more detail in the Purchase Agreement (the "Improvements"), and (b) upon completion of the <br /> construction of the Improvements, transfer title to the Property and the Improvements to <br /> Purchaser; <br /> WHEREAS, the Purchase Agreement requires Purchaser to make periodic payments to <br /> JEH at certain specified times during the construction period with a final payment to be made <br /> upon the completion of the construction of the Improvements and the transfer of title to the <br /> Property and the Improvements to Purchaser(the "Payments"); <br /> WHEREAS, Home Federal has agreed to provide financing to Purchaser to facilitate <br /> Purchaser making the Payments to JEH as required by the Purchase Agreement (the "Home <br /> Federal Financing"); <br /> WHEREAS, in order to secure the Home Federal Financing, Home Federal has <br /> requested that JEH grant Home Federal a first position deed of trust on the Property (the "Deed <br /> of Trust") as JEH will retain title to the Property until the construction of the Improvements is <br /> completed; and <br /> WHEREAS, JEH is willing to grant Home Federal the Deed of Trust provided that Home <br /> Federal agrees to the terms and conditions contained in this Agreement. <br /> NOW, THEREFORE, in consideration of the premises,and the mutual covenants <br /> contained in this Agreement, the parties to this Agreement agree as follows: <br /> 1.Deed of Trust. JEH hereby agrees to grant Home Federal a deed of trust on the <br /> Property (the "Deed of Trust"). The Deed of Trust shall be in a form mutually acceptable to both <br /> Home Federal and JEH. JEH will be the trustor under the Deed of Trust, Home Federal shall be <br /> the beneficiary under the Deed of Trust and Arend Baack shal!be the tru�tee unde`r the Deed of� � <br /> Trust. <br /> 2. Default under Home Federal Financing. Home Federal shall notify JEH in writing in <br /> the event that Purchaser fails to make any payment required by the Home Federal Financing or <br /> Purchaser otherwise defaults under the Home Federal Financing (an "Event of Default"). Upon <br /> an Event of Default, JEH shall have the option (the "Option"), in its sole and absolute discretion, <br />
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