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II <br />200103803 <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 26th day of April, 2001 by and among the Trustor, KEA <br />INVESTMENTS -LLC, whose mailing address for purposes of this Deed of Trust is 3114 Memphis Place, Grand <br />Island, NE 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a <br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802- <br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF <br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to KEA <br />INVESTMENTS -LLC (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which <br />is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />A tract of land comprising a part of the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section <br />Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6`r' P.M., Hall County, <br />Nebraska, more particularly described as follows: Commencing at a point Seventy Five (75) feet <br />east of the Northwest corner of said E1 /2NE1/4 on the North line of said E1 /2NE1/4; thence <br />continuing easterly along the north line of said E1 /2NE1 /4 a distance of Two Hundred (200) feet; <br />thence southerly and parallel to the Westerly line of said E1 /2NE1/4 a distance of Two Hundred <br />Seventeen and Eight Tenths (217.8) feet; thence Westerly and parallel to the North line of said <br />E1 /2NE1/4 a distance of Two Hundred (200) feet to a point on the Easterly right of way of U.S. <br />Highway No. 281; thence Northerly along and upon the East right of way line of U.S. Highway No. <br />281 a distance of Two Hundred Seventeen and Eight Tenths (217.8) feet to the point of beginning. <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of <br />Trust Note dated April 26, 2001, having a maturity date of May 1, 2016, in the original principal amount of ONE <br />HUNDRED EIGHTY THOUSAND AND 00 /100 Dollars ($180,000.00), and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against <br />the Property now or hereafter levied. <br />Page 1 of 5 <br />C-� ._ <br />S <br />0 <br />rn <br />fl n <br />o <br />o <br />o <br />�' <br />� <br />fV <br />D <br />2 -4 <br />�c <br />X <br />N <br />`' <br />� <br />W <br />o <br />CD <br />tt ttJJ <br />7� <br />9J <br />C -) ` <br />O <br />r-rt <br />� R. <br />;Uy <br />w <br />3 <br />rr, <br />O <br />CO <br />co <br />a <br />o <br />cn <br />cn <br />200103803 <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 26th day of April, 2001 by and among the Trustor, KEA <br />INVESTMENTS -LLC, whose mailing address for purposes of this Deed of Trust is 3114 Memphis Place, Grand <br />Island, NE 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a <br />member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802- <br />0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF <br />GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to KEA <br />INVESTMENTS -LLC (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which <br />is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />A tract of land comprising a part of the East Half of the Northeast Quarter (E1 /2NE1 /4) of Section <br />Twelve (12), Township Eleven (11) North, Range Ten (10) West of the 6`r' P.M., Hall County, <br />Nebraska, more particularly described as follows: Commencing at a point Seventy Five (75) feet <br />east of the Northwest corner of said E1 /2NE1/4 on the North line of said E1 /2NE1/4; thence <br />continuing easterly along the north line of said E1 /2NE1 /4 a distance of Two Hundred (200) feet; <br />thence southerly and parallel to the Westerly line of said E1 /2NE1/4 a distance of Two Hundred <br />Seventeen and Eight Tenths (217.8) feet; thence Westerly and parallel to the North line of said <br />E1 /2NE1/4 a distance of Two Hundred (200) feet to a point on the Easterly right of way of U.S. <br />Highway No. 281; thence Northerly along and upon the East right of way line of U.S. Highway No. <br />281 a distance of Two Hundred Seventeen and Eight Tenths (217.8) feet to the point of beginning. <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of <br />Trust Note dated April 26, 2001, having a maturity date of May 1, 2016, in the original principal amount of ONE <br />HUNDRED EIGHTY THOUSAND AND 00 /100 Dollars ($180,000.00), and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against <br />the Property now or hereafter levied. <br />Page 1 of 5 <br />C-� ._ <br />S <br />0 <br />