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£t/L1700Z0Z
<br />IOV211S9V TO
<br />Record and return to:
<br />Zachary Butz
<br />308 N. Locust, Ste. 501
<br />Grand Island, NE 68801
<br />I> C7
<br />DEED OF TRUST /
<br />THIS DEED OF TRUST, made this 7 day of Ya l y , 2020, by and
<br />between Famos Construction, Inc., a Nebraska Corporation, of the County of Hall and State of
<br />Nebraska, hereinafter called "Trustor" (whether one or more), and Zachary Butz, Attorney at Law,
<br />of Hall County, Nebraska, hereinafter called "Trustee," and T.C. Enck Builders, Inc., a Nebraska
<br />corporation, whose address is 131 N. Grace St., Grand Island, NE 68803, hereinafter called
<br />"Beneficiary";
<br />WITNESSETH, That the Trustor, for good and valuable consideration, including the debt
<br />and trust hereinafter mentioned and created, and the sum of one dollar to Trustor paid by the said
<br />Trustee, the receipt and sufficiency of which is hereby acknowledged, does by these presents,
<br />irrevocably grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN TRUST,
<br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the
<br />terms and conditions of this Deed of Trust, the following described real property situated in Hall
<br />County, Nebraska, to -wit:
<br />Lot Two (2), HW Subdivision in the City of Grand Island, Hall County, Nebraska.
<br />TOGETHER with and including all and singular the tenements, hereditaments,
<br />appurtenances and privileges thereunto belonging or in anywise appertaining, whether now or
<br />hereafter acquired, which shall include, without limiting the generality of the foregoing, the
<br />following:
<br />All of the rents, issues and profits, including all rents, royalties, bonuses and benefits under any
<br />existing or future oil, gas or mineral or other leases; all easements and rights of way; all
<br />rights of homestead and homestead exemption and any surviving spouse's marital or
<br />distributive share, and all other contingent rights in and to said premises; and
<br />All fixtures, improvements, buildings, and the plumbing, heating, ventilating and lighting systems
<br />and equipment therein, all of which shall be construed and considered as affixed to and part
<br />of the real estate.
<br />Not withstanding anything to the contrary, this Deed of Trust shall be in second position and second
<br />priority to any deed of trust or other security instrument filed on the Property as herein
<br />defined by Pinnacle Bank, a Nebraska state bank ("Pinnacle Bank").
<br />All of the foregoing estate, property and interest hereby conveyed to the said Trustee is hereinafter
<br />collectively referred to as the "Property."
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors and
<br />assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly granted
<br />unto the said Trustee, Trustee's successors, and assigns for the purpose of securing:
<br />(a) The closing of the real estate transaction as contracted in that certain Agreement of
<br />Sale dated 1%7 ?-C7 by and between the Trustor and the Beneficiary (the
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