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of <br />,*I <br />i. <br />ff almi<S 104 *077 <br />19 -A <br />PEED &USUNt _ft.byandbe(Ween Venn1a,J.-Haran, <br />2 PeTegnt <br />Whether one or More ( hereinafter caffed the <br />wfaserrrai rig is—JU "--AtjA0�_AV_enue. firand island. Neb <br />'re who" nmwm addraw is <br />I Qrm"d .161ar4, NE BANK IiLbraLr�kwa.�N4;!iaon!af*A;TsTelation (horMaftr <br />' , and NORWESr <br />cabd 0* wt=e 0i* #i7#-.34doss is _YiA �761, Qr nd slan &hrafik"8802 <br />WiTIVESSETH. <br />1F*%;-f1S80;1f.1%CffECKEDJ I THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION <br />SECUPIrf AGRE411WENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, <br />M04W. 43-0NrW1r,0?JST1TUTES A CONSTRUCTION SECURITY INTEREST /N THE PROPERTY <br />DE.-SCA060:1400AISELOW <br />1V11EREAfi1W& WdOd6� to Beneficiary in the iormcipal sum of TWELVE THOUMD AND NOIIQQ- -- <br />DQN&S a which indebtedness is evidenced by Trvsmr's promissory nte dated AuStuSt I ., 19 89 (hereinafter <br />CBWN**'NOM'*).payab*(oM&OrdWolDomficiaryandil.-avtrgam,4.lurttyot October 30.4989 <br />NOW,-. THEREFORE, W the purpose Of securing- <br />(it). pokiftWofftNote, together tvitA interest rtrerean, latacftcp es, prepayment penaffies, any future advances, and ag extensions, <br />md#ksb&w'wbshaft ns and renewals thereof. <br />(b) papywNeaftither suns. fees a charges, "tfw with inters rrPmram. advanced to protect the security of this DoWct Trust and <br />ft Pw*wm&" of Me COV0007ft and agreen'1610 of Trustor, whether or not set forth herein. <br />(c) podcrmwxo.dmhsrgtotardcomptiancowdhewwytetm,coveryant,abitgm=sandagreeirentofTrasP2rconionedhermor <br />incorporated byrewir' rte*. any other security instrument at anytime given to siicure the Note. and <br />(d) Ow repaym4ertelaN ott* sums or future advances, with interesMereon, which may here!r4vre have been, or hereafvc.ybe adv-6vor., <br />by8o"fidgmto Trustoror Truslor's successor in interest or <br />all of iiif*h is tweinaffor collectively called the `Indebtedness * *. Trustor irrevocably grants and tratisfers to Trustee, in trust, WITH POWER <br />OF SALE the following described property. <br />LOTJIFTEEN (15)* IN BLOCK THESE (3),,,IN LE HEIGHTS SE01,YD SUBDIVISION <br />HAM: COUNTY, NEBRASKA. BEING A PART 1, F- THE NORTHWEST QUMER OF THE <br />NdtAWEST QUARTER (NWJNWJ) OF SECTION' ELEVEN (11), TOWNj.RIP ELEVEN (11) <br />NORTH, RANGE TEN (10) WEST OF THE 6th P.M., HALL COUNTY, NEBRASKA <br />together with (() &V buildings. Mi Ctu res, additions. enlargqm, an rs. modific ahons, repairs. replacemell Is. and impro vermnrs now or holeowr <br />located thereon, (it, aft equipment, m&cmiery, Ord fixtures jincluding, without limitation, all hghhrf,,,.,-,!mnn9, ventilating, cooling, air <br />cond*orm"9, SP6.Wiry and plumbing fawas, water and.lower systems, engines, boders, ranges, ovens, dishwashers, mirrors and mantels, <br />carpong, furnaces, oil burners, elevators and motors, rai,4n,7,eratjon plants or units, communication systems, dynamos, transformers, electrical <br />aTu pmenr. storm and screen windDws.doors, awnings iard shades) now of hereafter attached to, or built to. ary building or improvement <br />now cf,^ereafta_,;Dcafed thereon. (in) air easements and 0-g.f.^,tv, of way appurtenant thereto, (ivj, all leasePc.v right, title and interest of <br />Trustor in and ti:rtffleases, whether crow or hereafter existing or entered into (including, without limitation, afizzLf*i and security deposits, <br />advance rentaf& a(W. deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues,prolits atic, I ;icxx1rf1 Ti.welrom (subject <br />to the tight of %Woi to collect and apply such rents. issues. profits and income as they become due and payaY& iz ierg as no event of <br />default exists horvg-,der). (vi) all royalties. mineral, oil and gas rights and profits, water, water rights, and water stock. (vii) 811 tenements, <br />heradiraMent,", privileges an,.' i4,,,purfonances belonging.. iAed or enjoyed in connection therewith. and (viii) all proceeds of conversion, <br />voluntary or involuntary, of any z,1 the foregoing into cash ortquidared claims (including, without limitation, proceeds of insurance and <br />condemnation awards). all of which is hereinafter co/W.m0y called the "Trust Property" <br />TO PROTECT THE SECURITY OF THIS D21R9,0 OF TRUSTCR COVENANTS AND AGREES AS FOLLOWS: <br />1 Title. Trustor covenants, warrants and ag.*ges 64nefic(ary. -413 upuccessots and assigns; Irat Trustor oasis the Trust Property free <br />from any prior ken or encumbrance, that this Deed *11 %sl is and will remain a valid and erilkirceable frvl li:en on the Trust Properly, <br />that Trustor, at its expense. will preserve Such MY", j161 will mainfain this Deed of Trust as a first and pans►rtount lien upon the Trust <br />Pmp" and will Waver warrant and ti Jild-ly and priority of the lien hereof against the c/aims-fif all persons and parties <br />whqmso4%,w,- Trustar, at its expense, *49 cause; Vii; Deed of Trust, and each amendment or supplemen.t hereto, to be tiled and <br />recorded ifs a mortgage of the Trust Property in shish manner and in such place and will fake such action as in the opinion of Trustee <br />may be reWrod by any present or future law in wrAt';,r to perfect, maintain and protect the lien of this 0,eo4 of Trust, as the same may <br />be amended of supokpointed from time to time. Irwror will make such further assurance or assurance 3,o perfect its title totheThast <br />Property as may be ii!v�wrtW by Beneficiary: Trustor hereby relinquishes all right of dower and homestead in and to the Trust Pn4xt1y. <br />2 Payment of !?)dotwx•,,ess, Trustor S.!W punctually pay the principal ct and interest on the tildebredness secured hereby. <br />3 &,"provwwrifs rw.t4- Vi4 complete in good and workmanlike manner any (14ahlings, improvements a repairs relating <br />•#fM wh:ch may be begun on the 15t-or Proper*1 or contemplated by the loan evidences 8y the Note secured hereby, to pay when <br />t1;;Q;WtZVS and hablities incurred therefore. wd JXV to permit any construction lien againizsuch •rt;.V. Property. In the event <br />constriction of buildings, IMPPOV00WIS Of repaifs.ato contemplated. Trustor also agrees, EryMng ir, this Deed of Trust to the contrary <br />notwithstwOM9, (a) to promptly commence any 5L .h work and to complete the proposed c"prowernenfgprcmptfy, fb) to complete the <br />same in w-nnIance with the plans and specificavons as approved by Beneficiary, (c) to crImply with a]) the reins of a building loan <br />agreement it any. between Trustor and Beneficiary, the terms of which are incorporated owvefn by refeirence, and friade a part hereof. <br />(d) to Dow 90"ki&* to inspect the Trust Propeey at all times during construction, and (e) to replace any work ,r materials <br />unubsfactory to 9"Wery within fifteen 115) clay a after written notice from Senahciary of such fact. - <br />4 Funds for Payment of Charges. Subject to Vphcat* law or to a written waiver by 6"fictsfy. Trustor shall pay to Benefirtary on the <br />first day of each month, of such other date each month as may be specified by filerieficiaty, until the Indebtedness is paid in full, a sum <br />ftwafter oaftd the "Funds"/ equal to I. 12M of ft yearly taxes and assessments which may attain priority over this Deed of Trust <br />and Around rents on the Trust Property, it any, plus 112M of the yearly premium instalknents for hazard insurance, plus 1! 12th of the <br />yearly preftum inst~fs for mortgage insurance, if any, aft as reasonably estimated initially and fniq^ brife to time by Beneficiary on <br />tftb"s of assessments and buts and reasonable estrinafes thefoot The Funds shall be held in an rtluv!faion, the deposits or <br />occowft of which are insured of guaranteed by a federal or state agency including Benehusfy Berait.n:jary shall apply the Funds to <br />pay said taxes. assossmerim #r?surmxo premiums and ground rents Beneficiary shall not be required to pray Trustor any interest c%, <br />M the Fun" Sly Smarr give ra tfusraf, wilhout charge, an annuar accounting of (he Funds showing credits and <br />debits 00 Vw Funds and they purpose for which each debit to the Funds was made. the Funds are pfedged as additional security fdr <br />the Inxfobledooss secured by this It"d of Trust it the amount of fho Fund; hatc, b Beneficiary, together with the future triantillp <br />instalkionts & Funds payable poor to the due dates of taxes, asses!;ments, insurance premiums and ground tents_ shall excead the <br />anxhinr re(JPfed V p4y ::&,l tas►er, assossuronts. w5urance premiurn.3 arra ground rents as they fall due. such excess sh3!1 be, all <br />rol.,Sleo 5 rpfltx?. 01*1 rXQ1r^1 repaid to lrustar�r tied led to Tilij, r Pat aga,as tit ittito marithly 4n r;ta.1i.menn fit Funds t1tPowrocinto! <br />thlorand:0 hPI(fliw(fenekiNy pay faxes. 81'sEissfrews <br />T'Utl•,x sh,411 1)"Vif m fiever'C'ary N10 amount Alf-AcuS.191y (0 ritake Lily We del. r:,f7nr v wlhire IhAf daVs lrQm the oate mince if. fr_ 1',!ed by <br />wir-pwme ;ofj!1'lrr <br />J. 'fet!rd,-053. Uvrefic "Iry qh"J11 pmgrrii !iv re"tio(l rt' <br />Henofoaty Iftho Tru_%!Pt(;prtt-v:-„ r•' :1u' ++Jtr!r,ral.,,K"pr['f9`t :RS Li,the <br />t - i Herr, sh,'#i) ifl'T-1111, /if; 01 1�# 1111� ,� U!'y ff fpp rru�! Propprri �t 13 "rrqu P <br />- W Ile L, . aq, in {r fwril-, <br />frll� -,fJfvtt r., T • !,i,�!P! 4: <br />­77. jj�,IUF f'-.7 (..373:,rJ;7tt 4. ji, flt4,ro frti IWI -alf"; .1-o' ftwl <br />