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r -1 <br />ACKNOWLEDGEMENT OF DEED OF TRUST 90 '105575 <br />TRUSTOR READ THIS BEFORE SIGNING: <br />Trustor underat ride that the document that Trustor is about to execute Is a Deed of Trust and not a mortgage and that the power <br />of sale protrWed for In the Dead of Trust provides substantially dlRerent rights and obligations to Trustor then a mortgage In the event <br />of a default or breach of obligation under the 080 of Trust, Includl , ut not 11 ited to, the Lender's right to have the Property sold <br />by the Trustee without any judicial proceeding. Trustor represet d not that this a owledgement was executed by <br />Tamar before the execution of the Deed of Trust. MID N R TRUCK TRAI ER SAL 9S, INC. <br />r , r <br />Tn,eflor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, Is made as of the 24th day of September , fg.q,Q_, by and among <br />the Ti,urtor.. _ 1'lJd-Nebraska Truck and Trailer Sales, Ina. a Nebraska Corporation <br />whose mailing a tdre" Is RR#2 Box 24, Grand Is 1 andl,Nebraska (herein - Trustor," whether one or more), <br />the Trustee, ____ _.._ York Sta a .Bank and Trust orrf ny ^___ <br />whose mailing addrextleis 700 Lincoln Avenue, Ywk._ raska @�t�7� (terms "Trustee'), and <br />that Beneficiary. ,_ York State Bank and Trust Cowell�r <br />whose malt address is - -_ 700 Lincoln Avenue:_ York , . Nebraska _ 684% <br />rW _ (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit Identified herein to <br />Truck and Trailer Sales Inc. <br />_ L_ _ _- (herein "Borrower", whether one or more) and the trust herein created, ; <br />the receipt of which Is hereby acknowledged. Trustor hereby Irrevocably grants, transfers, conveys and assigns to Trustee. IN <br />TRUST. WITH POWER OF SALE. 'for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set — <br />forth. the real property, describec: as follows .Mi <br />Lot One (1). Platte Valley Industrial Park Subdivision <br />Hall County, Nebraska <br />Together with all buildings, improvements. fixtureb. alreets. alleys, passageways. easements, rights, pr,v; t-gos arc rappurte- ` <br />nancesi Idcated thereon or in anywise pertaining thereto. an _I the rents. Issues and profits. reversions and remain Vera lf, *r"f, and <br />such personal property that is attached to the improvements so ab to constitute a fixture. Including, but not limned to, hea:lina and <br />cooling equipment; and together with the homestead or mailtal Interests. r° any, which Interests are hereby released and waived; all <br />of which, Including replacements and additions thereto. Is hereby declared to be a part of the reai e3lats secured by the Ilan of this <br />Deed of Trust and all of the forajoing being referred to herein as the "Property•• <br />Th>, Dead of Trust shall secure (a) the payment of the principal shirt and irilere9sl evidenced by a promissory note or credit <br />agreement dated September 24, 10. - -. - -_ - hiving a maturity ate At 10, 1993 <br />in the original principal amount of S --LiZ. 50.0M _ and any ant at, modifications• exter*ons and renewals <br />tftereoi or thereto and any and all future advances and readvances to Borrower (or any of them of more tYwr one) hersunder <br />pursuant to one or more promissory notes or credit agreements (herein called '-Note"). (b) the payment of other sums advarrcein bye <br />Under to protect the security of the Note. (c) the performance of all covenants and agreements of T.,- .'Itor set forth herein, avid j:J1 al l <br />present and future indebtedness and obligations of Borrowe+ (or any of them If more than one) to Lender whether direct, ,rdir ycf, <br />absolute or contingent and whether arising by note. guaranty, overdraft or other wise "he Nose, this Deed of Itt a land any anal all <br />ptlflle cMMuente that SWUM the Note or otherwise executed in connection therewith ,r• c ...ding without Irmitalicrr y ^:. a: aniees, security ; �'• <br />aliveo-Ments and assignnents 01 leases and rents. shall be referred to herein as the -Lban Instrumer,"' <br />T'ruMor covenants end agree$ with Lender as follows <br />I. Pgrsnet of MsiebNdnese. All ,nteW ,-tas secured hereby s ^a^ off paid weer di,e <br />2 Mile. Trustor is the owner of the tphrr*, ru�y, has the nphl and a•.,tnorny the Ptormity arrd warrants that the Merl <br />MOW hereby Is a fit at and prior r-err on (fltat Property except for liens and Or'LU- ititances set forth t-v 7,_,slor in writing and <br />deflketr,4 to Lender before executor, of tt`fa peed of Tr„sr and the execution and Qer• eery of this Deed of T• List does not violate any <br />contract or other obligaton to whic" T•slor is subject <br />3. ToxN. Assessaeets. To pay before delinquency ail taxes aw-e •at assessments and ail other charges against the Property <br />new K lr....r_.. !e?te,, <br />4 Ineuranco. To keep the Property inured against damage by fire• hataids included within the term "extended coverage'. and <br />such other hatardsas Lender may req.. to -n amounts and with cumpanieb dcceptAtA– to Lender naming Lr`r` ,w .at a•- additional <br />named insured, with loss payable, to the LervJer In case 1F!e3S 1 under hVCh ppht_lei the LePdet is authur,LNSt't. xz,.s'. callow and <br />compromise, all claims thereunder and she riavN the apr•in 04 ally.: it r g all or part of the insurance pros erefdt, I.. r.' a i y n.Iftredness <br />secured hereby and in such order as Lertat, may datiermrn,r r • i to r•,a Tr,191Ut IO be used Iot the repair of ie5lot 9r -c, r•'rntr rti,•,ip@rfy _ <br />or hill for any other purpose or object sausfacrory to Lender a,trin,.t .atyei. ling the lien of this Deed of Tr List for the 1',, dnlounl seCur6d <br />hereby before such payment ever took place Any apoi4calr o^ ^f proceeds lu -ndebledness shall not extend o, po•srpnns me du+ <br />dole of any payments under tie Note, or cure any ae+,tu.rr thereunder qr hereunder <br />S Escrow. Upon written demand by Lender. Trustor shall pay to Lender. in such manner as Lender may •setsg )atw s iftcient <br />sums b enable Leader to pay as they become due one or more of the folio* ing (t l en taxes assessment; and other charyws ,*4a.nst <br />the Property. (If) the premiums on the property insurance required hereunder and fill) the premium% on any mortgage ni.uance <br />ratgUIMd by Lander <br />d (Mslnlenarlq, Repalre and Compliance vilm h La11se. Trustor snarl keep the Property n good Condlt,crr and repair. shall <br />promptly repair, or replete any improvement which may be damaged or destroyed shall not co–no or permit any waste or <br />deterioration of the Property, shall not remove, demolish or siubstaniraily alt*# any of try ,tnptot pments Uri the Ptopertr shall not <br />commit. suffer of permit any act lobe done in of upon the P,oporly vi 1.041-iu l r{l arty Tarr► ,100 nLe Ur regU:dt ,,, • J'Id,hall pity and <br />Promptly disehorgeat Trustor's cost and expense all hens t►ncumbtat,ces Arid Lhatges 'k. ,vo ,mpulw u, assessed aga—fil the <br />Property or any part thereof <br />T Et11t11eMOfiaAW. Lender is hereby assigned all I-umpen,al,Un albards darlydve, a,W other p,hyn.prrtt rp:,pr Ih�:p hiller <br />Pfoceeds "i in c onnaChtJ•'t with condemnation of other taking of the Pruplerty 1r (Ail lrrpllK`f "r f, rr , ai.P►a ^:.e ," ,ell Uf . ,,nitPn'rtd <br />bon Lender shall be entitled at its npt,on to a umrrront. a aptrt•ar hind i'loilow ate• ,„ .1♦ uwr. rr,r.,o Yt'► at t,k r ,, Litt., 1.nyv Anil <br />shall also 1Nf etititted to make any compromise of settierrient ,rr nn 'v III r, n ti <br />iv et I w�l sir, tai,�•,�, �tan.pg {. r„ t ri•.Pnr a "', D,vhr,,, <br />0 yeas te.r.,... HW to( r...,ru i,.. tr LMW M.� r.,.• ...r. r.,r.... <br />