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<br /> ■■��= Deed of Trust, Security Agreement �`�
<br /> �BANKS and Fix�ure Financ.ing Statement �
<br /> ' (Nebraskal O
<br /> This Deed of T�ust, SecurityAgreement and Fixture Financiny Statement("Deed of Trust")is made 02/07/2000 , by and
<br /> between____ Russell J. Martinez
<br /> Ithe "Trustor"1 a/nl_Individual (s)
<br /> Norwest Bank Nebraska, National Association
<br /> (the "Trustee"1, a national banking association, and
<br /> Norwest Bank Nebraska. National I�ssociation
<br /> (the "Beneficiary"J, a national banking association W/TNESSETH:
<br /> lF THIS BOX/S CHECKED ❑ THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THc IVEBRASKA CONSTRUCTIOPJ LIEJ�ACT AND CREATES, GRANTS AND
<br /> CONSTITUTES A CONSTRUCTION SECURlTY/NTEREST lN THE PROPERTY DESCRlBED BELOW.
<br /> WHEREAS,
<br /> �l Trustor has executed and delivered to Beneficiary a promissory note in t.he principal sum of
<br /> nnP Hi�nr3rPr3 Thnu�anc3 anr3 ��1�11
<br /> Dollars lS �n n, n o n o n J, dated n��n��2�G p ,payab/e to the o�der of Beneficiary and having a maturity of
<br /> 0 9/n l /�n n a , together with interest thereon, late charges,prepaymeni penalties, any future advances, and all
<br /> extensions, modifications, substitutions and renewals thereof(hereinafte�the "Note"/.
<br /> ❑
<br /> (the "Bnrrowe.�'7, has apolied to Renef;ciary fnr o�?e�r rnare loans, lettars c(.�redit, or other financial accommodation:>and may hereafter
<br /> from time io time apply fo Bene�iciary for additionel loans, letiers of cr�dii ano*other firrancial acc�mmodations, �nd ro induce dar�eficiary
<br /> to provide financial accommodations to Borrower:
<br /> ❑ lf this box is checked, T�usior has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br /> obligation of every type and description which Borrower may now or at any time hereafter owe to Beneficiary(whethe�such debt,
<br /> /iabi/ity or ob/igation now exists or is hereafter c�eated or incurred, and whether it is or may be di�ect or indirect, due or to become
<br /> due, absolute or contingent,p�ima�y or secondary, liquidated or unliquidated, or joint, several or joint and several),
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficia�y the paymeni and pe�formance of the debt, liability, or obligation of
<br /> Borrower to Beneficiary evidenced by or arising out of the following:
<br /> and any extensions, renewa/s or rep/acemenrs thereof, together with accrued interest thereon and re/ated costs of enforcement and
<br /> collection expenses,pursuant to a Guarar.r•y�,'herernaftEr the "Guaran!y';'of even date herewith.
<br /> Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br /> and the performance of the covenants and agre�a;en!s of Ti�,rstor, whether or not set forih herein and perform, discharge and comply with
<br /> every term, covenant, obligation and agreement of Trustur contained herein or incorpo�ated by reference lTrusto�'s obligations under the
<br /> Note or the Guaranty, as applicable, and all such uther�ums are hereinafter collectively refer�ed to as the "Obligations'7.
<br /> NOW, THEREFORE, in consideration of thc premises and for the purpose of securing the Obligations, T�ustor i�revocably grants
<br /> and transfers to Trustee, in trust, WITH POWER DF�ALE, the following described property located in the County of
<br /> Hall , State of Nebraska:
<br /> The Easterly Sixty (60) Feet of Lot One (1) , Block Three (3) , Spaulding and Gregg' s
<br /> Addition to the City of Grand Island, Hall County, Nebraska
<br /> SUBJECT TO.• easements and restrictions of record, and:
<br /> together with lil all buildings, structures, additions, eriiargements, modifications, repairs, replacements, and improvemenis now o�hereafter
<br /> /ocated thereon, (ii/al/equipment, machinery anc fizt�ires (inc/udrng, without/imitation, a///ighting, heating, venti/ating, coo/ing, air
<br /> conditioning, sprink/ing and p/umbing fixtures, water and power systems, engines, boi/ers, ranges, ovens, dishwashers, mirro�s and mante/s,
<br /> carpeting, furnaces, oil burners, elevators and motors, refiigeration plants or unrts, communication systems, dynamos, transformers,
<br /> elect�ical equipment, storm and sc�een windows, doors, awnings and shadesl now or hereafter attached to, or built in, any building
<br /> improvement or improvemeni now or hereafter/ucated thereon, (iii)a//easements and rights of way appurtenant thereto, (ivJ a///easeho/d
<br /> estate, right, title and interest of Trus[or in and to all!ease.s, whetl�er now or hereafter existing or entered into (including, without limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a similar naturel,pe�taining thereto, lv)all rents, issues,profits
<br /> and income theref�om (subject to rhe right of Tiuctor to collect and apply such rents, issues,profits and income as they become due and
<br /> payable so long as no event of default exists hereunder,', ivii al1 royalties, mineral, oil and gas rights and profits, water, water rights, and
<br /> water stock, /vii)all tenements, heredrtaments,privileaes and appurtenanr.es be%nging, used or enjoyed in connection the�ewith, and lviiil all
<br /> proceeds of conversion, voluntary or involuntary, of any of tl�e foregoing into cash or lrquidated claims (including, without limitation,
<br /> proceeds of insurance and condemnation a�vvru:si, all of which are hereinafter collectively the "Trust Property."
<br /> TO PROTECT THE SECURITY OF THIS JEED n�TRUS7; 'i FUSTOR CO�F�JANTS AND AGREES AS FOLLOWS:
<br /> 1. Tit/e. Trusto�covenants, war�ants and agrees with Beneficiary, its successo�s and assigns, that Tiustor owns the Trust Property lsubject
<br /> to any land sale contract described abovel and has the right to cnnvey t.he Trust Property, ihat the Trust Prope�ty is free f�om any prio�lien
<br /> or encumbrance except as otherwise listed above, that this.rJeed o`Tiust is and wi!l remain a valid and enforceable lien on the Trust
<br /> Property, ihat T�usto�, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will
<br /> forever war�ant and defend the validity and priority of the lien heri;vf against the clarms of all persons and parties whomsoever. Trustor, at its
<br /> expense, will cause this Deed of T�ust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the T�ust
<br /> Property in such manner and in such place and wili rakP such acti�n as in the opinion of Tiustee may be requiied by any present or futu�e
<br /> /aw in order to perfect, maintain and protect the/ien ot this Ueev of Tiust, as the same may be amended or supp/emented fiom time to time.
<br /> T�ustor will make such furiher assu�ance or assurances to pe�fect its tit/e to the Tiust Property as may be required by Beneficiary. Trustor
<br /> hoinh�..al:.,...d�l,e� �u....ti..,s,,,...,....._..i�----'---'-- -_�'- "- "'----- .. _ . �
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