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M <br />CD <br />M <br />M <br />p <br />N <br />DEED OF TRUST WITH FUTURE ADVANCES <br />0 <br />0 <br />z <br />F✓ <br />w <br />2 <br />F—� <br />F-� <br />F--A <br />W <br />C") cn <br />o� <br />C � <br />z rn <br />--t <br />-< o <br />o -n <br />= rn <br />D w <br />r � <br />r n <br />U� <br />D <br />N <br />N <br />CZ) <br />N <br />0 <br />0 <br />0 <br />CD <br />r <br />CP <br />N <br />N <br />THIS DEED OF TRUST, is made as of the 1st day of TTT TF XR 2000by and among <br />r'*'1 <br />C:6 <br />Di <br />c� <br />cto <br />a <br />the Trustor, DONALD D MEHRING, DONALD D MEHRIN TRUST—F.F. nF TTNF NANCY A FRWTN TgTTQT. DONALD D <br />D MEHRING, TRUSTEE OF THE JOHN M MEHRING TRUST•DONALD D MEHRING TRUSTEE OF THE ELIAZABETH <br />A ERWI <br />whose mailing address is 1043 S LOCUST ST GRAND ISLAND, NE 68801 (herein "Trustor," whether one or more), b <br />I <br />the Trustee, OVERLAND NATIONAL BANK OF GRAND ISLAND -- <br />whose mailing address is P 0 BOX 1688 GRAND ISLAND NF 68902 (herein "Trustee "), and <br />the Beneficiary, OVERLAND NATIONAL BANK OF GRAND ?SLAND <br />whose mailing address is P 0 BOX 1688 GRAND ISLAND NF ERR Q? — (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to DONALD D MEHRING. DONALD <br />D MEHRING, TRUSTEE OF THE NANCY A ERWIN TRUST; DONALD D MEHRING, TRUSTEE OF THE JOHN M <br />MEHRING, TRUSTEE OF THE CHRISTIAN S MEHRING TRUST <br />(herein "Borrower ", whether one or more) and the trust herein created, the <br />receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br />property, described as follows: <br />SEE EXHIBIT "A" ATTACHED HERETO <br />PROPERTY ADDRESS: <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal <br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Dead of Trust and all of <br />the foregoing being 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 promissory note or credit <br />agreement dated JUNE . 9nnn having a maturity date of ''11 <br />- <br />in the original principal amount of 8 291,223.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and rendvances to Borrower for any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect <br />the security of the Note; (c) the performance of all covenants end agreements of Trustor set forth herein; and (d) all present and future <br />indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent <br />and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure <br />the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments <br />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 warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth I., Trustor in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Deed of trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or <br />hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards, included within the term "extended coverage ", and <br />such other hazards es Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named <br />insured, with lose payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby <br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (ii) the premiums on the property insurance required hereunder, and MR the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly <br />repair, or replace env improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the <br />Property; shell not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit <br />any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and 4sall pay and promptly discharge It <br />Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed againsr q Property or any part thereof. <br />M' <br />ttl, <br />T <br />s > <br />M CA <br />� <br />a <br />fT <br />Z <br />x = <br />Wn <br />n <br />t' <br />_ <br />200004822 <br />M <br />CD <br />M <br />M <br />p <br />N <br />DEED OF TRUST WITH FUTURE ADVANCES <br />0 <br />0 <br />z <br />F✓ <br />w <br />2 <br />F—� <br />F-� <br />F--A <br />W <br />C") cn <br />o� <br />C � <br />z rn <br />--t <br />-< o <br />o -n <br />= rn <br />D w <br />r � <br />r n <br />U� <br />D <br />N <br />N <br />CZ) <br />N <br />0 <br />0 <br />0 <br />CD <br />r <br />CP <br />N <br />N <br />THIS DEED OF TRUST, is made as of the 1st day of TTT TF XR 2000by and among <br />r'*'1 <br />C:6 <br />Di <br />c� <br />cto <br />a <br />the Trustor, DONALD D MEHRING, DONALD D MEHRIN TRUST—F.F. nF TTNF NANCY A FRWTN TgTTQT. DONALD D <br />D MEHRING, TRUSTEE OF THE JOHN M MEHRING TRUST•DONALD D MEHRING TRUSTEE OF THE ELIAZABETH <br />A ERWI <br />whose mailing address is 1043 S LOCUST ST GRAND ISLAND, NE 68801 (herein "Trustor," whether one or more), b <br />I <br />the Trustee, OVERLAND NATIONAL BANK OF GRAND ISLAND -- <br />whose mailing address is P 0 BOX 1688 GRAND ISLAND NF 68902 (herein "Trustee "), and <br />the Beneficiary, OVERLAND NATIONAL BANK OF GRAND ?SLAND <br />whose mailing address is P 0 BOX 1688 GRAND ISLAND NF ERR Q? — (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to DONALD D MEHRING. DONALD <br />D MEHRING, TRUSTEE OF THE NANCY A ERWIN TRUST; DONALD D MEHRING, TRUSTEE OF THE JOHN M <br />MEHRING, TRUSTEE OF THE CHRISTIAN S MEHRING TRUST <br />(herein "Borrower ", whether one or more) and the trust herein created, the <br />receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br />property, described as follows: <br />SEE EXHIBIT "A" ATTACHED HERETO <br />PROPERTY ADDRESS: <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal <br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Dead of Trust and all of <br />the foregoing being 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 promissory note or credit <br />agreement dated JUNE . 9nnn having a maturity date of ''11 <br />- <br />in the original principal amount of 8 291,223.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and rendvances to Borrower for any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect <br />the security of the Note; (c) the performance of all covenants end agreements of Trustor set forth herein; and (d) all present and future <br />indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent <br />and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure <br />the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments <br />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 warrants that the lien created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth I., Trustor in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Deed of trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or <br />hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards, included within the term "extended coverage ", and <br />such other hazards es Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named <br />insured, with lose payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby <br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (ii) the premiums on the property insurance required hereunder, and MR the premiums on any mortgage insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly <br />repair, or replace env improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the <br />Property; shell not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit <br />any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and 4sall pay and promptly discharge It <br />Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed againsr q Property or any part thereof. <br />