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DEED OF TRUST 89--- 142547 <br />THIS DEED OF TRUST, made this l l th __ day of — May 19 89 . between <br />William D. LivenMd and Bevprly K. Livengood, husband & wife as Trustor. <br />FirsTier Bank, National Association. Omaha, Nebraska as Trustee. <br />FirsTler Bank, Nations! Association, Omaha, Nebraska as Beneficiary. <br />WITNESSETH: <br />That Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, the following described <br />property Lots One (1), Two (2) and Three (3), in Block Sixty (60), Original Town, <br />now City of Grand Island, Hall County, Nebraska. <br />(Subject to Mortgage of Record to Omaha National Bank in the amount of <br />039,900.00 filed as Document #85- 006429, Hall County, Nebraska.) <br />(Subject to Mortgage of Record to FirsTier Bank, National Association in <br />the amount of 015,000.0Q. f4lcd as Document #i88- 140706 Hall County, Nebraska.) <br />(Subject tip Mortgagia of Record to FirsTier Bank, National Association,ir,. <br />the amount of $150000.00 filed as Document ##88- 101575, Hall County, Nebraska.) <br />together with all interest which Trustor now has or may hereafter acgt lm—in and to said property and in and to: (a) all <br />ek"ments and rights of way appurWroM thereto; (b) all tenements, her menu, buildings, structures. Improvements, <br />40ires. equipment, furnishings and %menances now or hereafter placed ther6M... Cc) all lepsehold estate, right title, <br />email interest of Trustor in and to all f+ or subleases thereof or any potban thereof now. or, hereafter existing or entered <br />iMa,,and all right, title, and tmWest of Trustor ther+etmder, including, witttout(it titatlon, all cash orsecurity deposits. advance <br />rentals. and deposits or payments of s!:I!titKar da t ure, and (d) all mineral, vtL gas rights and profits, water, water rights, and <br />water stock. Trustor agrees to execute, itrd deliver, from time to time, such further instruments as may be requested by <br />Beneficiary in form and substance satiVactory to Bensficiaryr to con irin the lien of this Deed of Trust on any of the <br />aforementioned property. The property so conveyed to trustee hereunder is hereinafter referred to as "such property". <br />- The Trustor absolutely ane 11rowatay Wants t and assigns to 8wefici :ty tt r rents, 3n , ftuvma. and proffw <br />f <br />of all property covered by this need of rcu3t. <br />FOR THE PURPOSE OF SECURING: <br />I. Payment of the principal sum of Fifteen thousand and no /100------------------ - - - - -- <br />- <br />--------------------- (615F000.00) Dollars-------- - - - - -- - - -- <br />evidErteed by Me certain promissory atote dated of even date herewith (heteinaftertWorred to asthe" Proiatissory Notei) <br />— <br />executed by _ William D. Liyengood 6 Beverly K. Livengood, husband & wife <br />iii said amount and payable to the order of Beneficiary maturing on - -_.May 11. 1994 <br />' <br />together with interest thereon, Fate charges. and prepayment bonuses according tv, the terms of the Promissory Note <br />and all renewals. extensions, and madifications thereof. <br />2. Performance. discharge of and dampliance with every obligation, covenant and agreement i*Trustor incorporated by <br />reference or contained herein srir.in any other security agreement or deed of trust at any time given to secure any <br />indebtedness hereby secure4, or amy part thereof. <br />a Payment of all fees and..ahagesO Beneficiary or Trustee. whether or not set forth herein. . <br />TO PROTECT THE SECURITY OF TH S.DEED OF TRUST, TRUSTOR COVENAMM- <br />TITLE: That it is lawfully seized and possessed of a good and indefeasible title and estate to all of such property in fee <br />simple free from any prior lien or encumbrance, has good right and lawful authority to convey the same, and will forever <br />warrant and dilfend the title thereto against the claims and demands of all persons whosoever, that it will, at its expense, <br />maintain and preserve the lien of this Deed of Trust as a first and paramount lien upon such property. <br />MAINTENANCE. To keep such property in good condition and repair: to complete or restore promptly and in good and <br />workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay. when due, all <br />claims for labor performed and materials furnished therefore and for any alterations thereof; to comply with the provisions <br />-- <br />of all insurance policies covering said premises, to comply with all laws, ordinances, regulations. covenants. conditions <br />and restrictions affecting such property; not to remove, demolish or materially alter any building, or the character or use <br />thereof at any time thereon; not to drill or extract nor to permit the drilling for or extraction of oil, gas or other hydrocarbon <br />substances, wateror any mineral of any kind unless the written consentof Beneficiary is had and obtained; not to commit or <br />Permit any waste thereof or any act upon such property in violation of law; to do all other acts in a timely and proper manner <br />which from the <br />character or use of such property may be reasonably necessary to protect and preserve said security, the <br />specific enumerations herein not excluding the general. <br />, <br />CONSTRUCTION OF IMPROVEMENTS To complete in good and workmanlike manner any building or improvement or <br />repair relating the <br />4 <br />eMlo which may be begun on such property or contemplated by the loan secured hereby, to pay when due <br />all costs and liabilities incurred therefore. and not to permit any mechanic's lien against such property Trustor also agrees. <br />anything in this !seed of Trust to the contrary notwithstanding, I a 1 to promptly commence work and to complete the <br />` <br />prvpo& 4 ififtWovemmi-ts promptly. Ib# to complete same in accordance with plans and specifications as approved by <br />� - <br />f3en ef,crary, f c )fa ctumpty with all of the terms of any building loan agreement between Trustor and Benef iciary. the terms of <br />wh-cf) nre,rcorpt,rated herein by reference to the sHnirt extent a43 it fuiiy set forth herein and matte n part of this btx?d of <br />i lkj�il Id I to F114)w Beneficiary to inspect Such WOVerty at all tune during tortst►uchon arid 1 0 1 to rolplac(* yyilrk (if <br />.irly <br />ent .ltit. s un5aG8filt CS +y tp flenelil +ary within I,ftQCn i +�,) dr►yf3 iefi(?r wr,ttE'n ntit,C@ fr�sm Hc+rrtri :u, lf S;u h f. +; t V1,h rr► <br />- 1?--ce nlav td7 tl igel, N) tru3t+3r bj rrtflintered of ccritifled email kilt!! tO ht!} 1,111 of by tw M-1v it '.r, +i, o 0 this <br />arrlfa <br />