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<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....
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