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DEED OF TRUST <br />This DEED OF TRUST is made as of 06/29/2001 by and among the Trustor, LUTHERAN HIGH <br />SCHOOL ASSOCIATION OF CENTRAL NEBRASKA, INC, whose mailing address for purposes of this Deed of •� <br />Trust is , PO BOX 5554 GRAND ISLAND, NE 68802 -5554, (herein, "Trustor ", whether one or more), the Trustee, <br />AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is <br />P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand <br />Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />LUTHERAN HIGH SCHOOL ASSOCIATION OF CENTRAL NEBRASKA, INC. (herein "Borrower ", whether <br />one or more), and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable <br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security <br />of the Lender, under and subject to the terms and conditions hereinafter set forth, legally described as follows: <br />THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW1 /4 SWI /4) OF <br />SECTION TWENTY -FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10), <br />WEST OF THE 6T" P.M., HALL COUNTY, NEBRASKA EXCEPT THAT TRACT DEEDED <br />TO THE COUNTY OF HALL, STATE OF NEBRASKA, AS RECORDED IN BOOK 137, AT <br />PAGE 495 OF THE DEED RECORDS OF HALL COUNTY, NEBRASKA; AND EXCEPT <br />THAT TRACT DEEDED TO MARVIN LAUTENSCHLAGER AND VIOLET <br />LAUTENSCHLAGER AS RECORDED IN BOOK 144, AT PAGE 109 OF THE DEED <br />RECORDS OF HALL COUNTY, NEBRASKA; AND EXCEPT THOSE TRACTS DEEDED TO <br />WILLIE J. VOGELTANZ AND MILDRED R. VOGELTANZ, HUSBAND AND WIFE AS <br />RECORDED IN BOOK 168 AT PAGE 117, AND IN BOOK 171, AT PAGE 215 OF THE <br />DEED RECORDS OF HALL COUNTY, NEBRASKA. <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 <br />Promissory Note dated 06/29/2001, having a maturity date of September 29, 2001, in the original principal amount <br />of FIFTY THOUSAND AND 00 /100 Dollars ($50,000.00), and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) <br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of <br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and <br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or <br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note <br />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 />n r) <br />M <br />A <br />ri f7 <br />T <br />Z <br />Q <br />i D <br />l 1 Z <br />p <br />{ <br />�o <br />Co --4 <br />C D <br />O T <br />rV .�♦ <br />'1 <br />M <br />-< O <br />co <br />cc <br />T <br />o d <br />O <br />0 c <br />rn <br />O � <br />M <br />r r- 70 <br />- <br />C73 <br />00 <br />- C <br />N CCU <br />p <br />N <br />.�.Di <br />G/! <br />O <br />C <br />Z <br />O <br />DEED OF TRUST <br />This DEED OF TRUST is made as of 06/29/2001 by and among the Trustor, LUTHERAN HIGH <br />SCHOOL ASSOCIATION OF CENTRAL NEBRASKA, INC, whose mailing address for purposes of this Deed of •� <br />Trust is , PO BOX 5554 GRAND ISLAND, NE 68802 -5554, (herein, "Trustor ", whether one or more), the Trustee, <br />AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is <br />P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand <br />Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />LUTHERAN HIGH SCHOOL ASSOCIATION OF CENTRAL NEBRASKA, INC. (herein "Borrower ", whether <br />one or more), and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable <br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security <br />of the Lender, under and subject to the terms and conditions hereinafter set forth, legally described as follows: <br />THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (SW1 /4 SWI /4) OF <br />SECTION TWENTY -FIVE (25), TOWNSHIP ELEVEN (11) NORTH, RANGE TEN (10), <br />WEST OF THE 6T" P.M., HALL COUNTY, NEBRASKA EXCEPT THAT TRACT DEEDED <br />TO THE COUNTY OF HALL, STATE OF NEBRASKA, AS RECORDED IN BOOK 137, AT <br />PAGE 495 OF THE DEED RECORDS OF HALL COUNTY, NEBRASKA; AND EXCEPT <br />THAT TRACT DEEDED TO MARVIN LAUTENSCHLAGER AND VIOLET <br />LAUTENSCHLAGER AS RECORDED IN BOOK 144, AT PAGE 109 OF THE DEED <br />RECORDS OF HALL COUNTY, NEBRASKA; AND EXCEPT THOSE TRACTS DEEDED TO <br />WILLIE J. VOGELTANZ AND MILDRED R. VOGELTANZ, HUSBAND AND WIFE AS <br />RECORDED IN BOOK 168 AT PAGE 117, AND IN BOOK 171, AT PAGE 215 OF THE <br />DEED RECORDS OF HALL COUNTY, NEBRASKA. <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 <br />Promissory Note dated 06/29/2001, having a maturity date of September 29, 2001, in the original principal amount <br />of FIFTY THOUSAND AND 00 /100 Dollars ($50,000.00), and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) <br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of <br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and <br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or <br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note <br />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 />