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r <br />DIED OF TRUST <br />89 0"0• 100516 <br />Loan No. 84280 -1 -19 <br />THIS DEED OF TRUST is made this 31st day of January, 1989, among <br />the Trustor, GROWTH MANAGEMENT CORPORATION - GRAND ISLAND, a Nebraska <br />corporation (herein "Borrower "), FIRST FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF LINCOLN (herein "Trustee "), and the Beneficiary, FIRST <br />FEDERAL SAVINGS AND LOAN ASSOCIATION OF LINCOLN, a corporation <br />organized and existing under the laws of the United States of America, <br />whose address is 1235 "N" Street, Lincoln, Nebraska 68508 (herein <br />"Lender "). <br />Borrower, in consideration of the indebtedness herein recited and <br />the trust herein created, irrevocably grants and conveys to Trustee, <br />in trust, with power of sale, the following described property located <br />in the County of Lancaster, State of Nebraska: <br />Amended Lot Four (4), Block Nine (9), Continental Gardens <br />of Lot Four (4), Block Nine (9) Continental Gardens, an <br />Addition to - the City of Grand Island, Hall County, Nebraska <br />together with all right, title and interest An and to the <br />non - exclusive easements recorded in the Register of Deeds <br />Office, Hall County, Nebraska as Declaration of Restrictive <br />Covenants filed July 3, 1977 as Document No. 77- 000046, <br />Cross Easement Agreement between Mid - Continent Enterprises, <br />Inc. and R -Lynn Realty, Inc. pertaining to parking and <br />driveway privileges for all owners of Lots in Block 9 filed <br />January 3, 1977 as Document No. 77- 000047, Declaration of <br />Restrictive Covenants filed December 11, 1978 as De0ument <br />No. 78-008105, and Cross Easement Agreement executed by <br />Mid- Continent Enterprises, Inc. and-'-Americana Investment.. <br />Group, Inc., filed May 14, 1981 as Document No. 81- 002490, <br />which has the address of 2325 North Webb Road, Grand Island, Nebraska <br />68802 (herein "Property Address "); <br />TOGETHER WITH all improvements now or hereafter erected on the <br />property, and all easements, rights, appurtenances, rents (subject, <br />however, to the rights and authorities given herein to Lender to <br />collect-and apply such rents), royaYties,'mineral,.. :oil and gas rights <br />and profits, water, water rights, and water stack, and all fixtures <br />now or hereafter attached to the property, all; `of which, including <br />replacements and additions thereto, shall be deeaced to be and remain a <br />part of the property covered by this Deed of Trust; and all of the <br />foregoing, together with said property, or the leasehold estate if <br />this Deed of Trust is on a leasehold) are herein referred to as the <br />"Property"; <br />TO SECURE to Lender the repayment of the indebtedness evidenced, <br />by Borrower's Note Secured by Deed of Trust dated of even date <br />herewith (herein "Note "), in the principal sum of SEVENTY THOUSAND AND <br />NO /100 DOLLARS. ($70,000.00) with interest thereon, providing for <br />monthly installments of principal and interest, with the balance of <br />the indebtedness, if not sooner paid, due and payable on June 1, 1992; <br />the payment of all sums, with interest thereon, advanced in accordance <br />herewith to protect the security of this Deed of Trust; and the <br />Performance of the covenants and agreements of Borrower herein <br />contained. <br />Borrower covenants that Borrower is lawfully seized of the estate <br />hereby conveyed and has the right to grant and convey the property, <br />that the Property is unencumbered, with the exception of a first Deed <br />of Trust in favor of FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF <br />LINCOLN, Nebraska dated May 17, 1984, Bison Investors V Limited <br />Partnership, Trustor, and which Borrower has assumed per that <br />Assumption Agreement dated January 31, 1989, and that Borrower will <br />warrant and defend generally the title to the Property against all <br />claims and demands, subject to any declarations, easements of <br />restrictions listed in a schedule of exceptions to coverage in any <br />title insurance policy insured Lender's interest in the Property. <br />1 <br />r- - <br />