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A 2 D o c-> cn o <br />� C n _ C) � 1'79 <br />l7 Z <br />CD <br />p n= N rn r - O C� <br />7'! C��.`:. CNJI O CN. <br />- "' <br />t := rri <br />-n o <br />n c� .� <br />_ m <br />m r D C� <br />M <br />U) Q7 <br />C N <br />N cn CO <br />Cn <br />s DEED OF TRUST <br />AND CONSTRUCTION SECURITY AGREEMENT <br />THIS DEED OF TRUST, is made as of the 23 day of January 2001 , by and among the Truslor, O <br />Starostka Homes, Inc. , 807 W. 4th St.. Grand Tsland, NF hRRfll (herein *Borrower*). <br />the Trustee, Archer Cooperative Credit Union (herein 'Trustee*), O <br />and the Beneficiary, Archer Cooperative Credit Tlni nn (herein <br />*Lender'). <br />FOR VALUABLE CONSIDERATION, Including the Indebtedness Identified herein and the trust herein created, the receipt of which is <br />hereby acknowledged, Borrower hereby Irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for <br />the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as <br />follows: <br />Lot Nine (9), Amick Acres West Subdivision, Hall County, Nebraska. <br />IT IS UNDERSTOOD BY BORROWER AND LENDER THAT THIS INSTRUMENT, WHICH IS SECURED BY THE ABOVE REFERENCED <br />PROPERTY, IS A CONSTRUCTION SECURITY AGREEMENT AND THAT IT DOES OR WILL SECURE AN OBLIGATION WHICH THE <br />BORROWER HAS OR WILL INCUR FOR THE PURPOSE OF MAKING AN IMPROVEMENT OR IMPROVEMENTS ON PROPERTY <br />HEREINBEFORE DESCRIBED. <br />Together with all buildings, Improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located <br />thereon or in anywise pertalning thereto, and the rents, issues and profits, reversions and remainders thereof; including, but not limited lo, <br />heating and cooling equipment and such personal property that Is attached to the Improvements so as to constitute a fixture; all of which, <br />Including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br />all of the foregoing being referred to herein as the "Property'. ' <br />This Deed of Trust shall secure (a) the payment of the principal sum and Interests evidenced by Borrower's note dated <br />1 -23 -2001 , having a maturity dale of 1 -15 -2002 - , in the original principal amount of <br />$ 200,000.00 and any and all modifications, extensions and renewals thereof or thereto (herein called "Note); (b) the payment of <br />other sums advanced by Lender to protect the security of this Deed of Trust, with Interest thereon as provided in the Note; and (c) the <br />performance of all covenants and agreement to Borrower set forth herein. <br />Borrower, to protect the security of this Deed of Trust, covenants and agrees with Lender as follows: <br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and Interest on, and any fees <br />or charges provided in, the Note or In this Deed of Trust. <br />2. Title. Borrower Is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby Is a first and prior lien on the Property, except as may otherwise be set forth herein, and the execution and delivery of this <br />Deed of Trust does not violate any contract or other obligation to which Borrower Is subject. <br />3. Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the Property and, upon <br />written demand by Lender, to pay to Lender such amount as may be sufficient to enable the Lender to pay such taxes, assessments or other <br />charges al they become due. <br />4. Insurance. To keep the Property Insured against damage by fire, hazards Included within the term "extended coverage', and <br />such other hazards as Lender may require, in amounts and with companies acceptable to the Lender, and with loss payable to the Lender. <br />In case of loss under such policies, the Lender Is authorized to adjust, collect and compromise, all claims thereunder and shall have the <br />option of applying all or part of the Insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, <br />(ii) to the Borrower to be used for the repair of restoration of the Property or (iii) for any other purpose or object satisfactory to Lender <br />without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment ever look place. Any application of <br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or <br />hereunder. <br />F11360.1-MG (0/95) <br />-1 <br />Pogo 1 of 4 <br />