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<br />/ Mitchell C. Stehlik
<br />724 West Koenig Street
<br />Grand Island, NE 68801
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<br />DEED OF TRUST
<br />-01
<br />THIS DEED OF TRUST is made on this Z5 day of __bru , 2021. The Trustors
<br />(whether one or more) are Joel A. Tuxhorn and Shana M. Tuxhondividuals and as
<br />husband and wife, and Tuxhorn Investments, L.L.C., a Nebraska limited liability company,
<br />whose address for purposes of notices in respect to this Deed of Trust is 317 Fourth Street,
<br />Grand Island, Nebraska 68801, and are collectively sometimes herein identified as Borrower.
<br />The Trustee is Mitchell C. Stehlik, Attorney at Law and member of the Nebraska State Bar
<br />Association, whose address is 724 West Koenig Street, Grand Island, Nebraska 68801. The
<br />Beneficiary is McDermott Family Limited Partnership, whose address for purposes of
<br />notification under this Deed of Trust is 923 Austin Avenue, Grand Island, Nebraska 68801, and
<br />is sometimes herein identified as Lender.
<br />BORROWER IRREVOCABLY CONVEYS TO TRUSTEE, IN TRUST, WITH POWER
<br />OF SALE, THE FOLLOWING:
<br />Lot Three (3), Block Forty (40), Original Town of Grand Island, Hall County, Nebraska.
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to, heating
<br />and cooling equipment and together with the homestead or marital interests, if any, which
<br />interests are hereby released and waived, all of which, including replacements and additions
<br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust
<br />and all of the foregoing being referred to herein as the "Property".
<br />Borrower owes Lender the total sum of Seventy -Five Thousand and No/100 Dollars
<br />($75,000.00) evidenced by Borrower's Note of even date herewith (hereinafter referred to as
<br />"Debt"). This Debt shall include any and all modifications, extensions and renewals thereof or
<br />thereto and any and all future advances and readvances to Borrower (or any of them more than
<br />one) hereunder pursuant to one or more promissory notes or credit agreements (herein called
<br />"Note").
<br />This Deed of Trust secures to Lender the Debt evidenced by said Note, the payment of all
<br />other sums, with interest, advanced under the provisions hereafter to protect the security and the
<br />performance of Borrower's covenants and agreements.
<br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal
<br />power and lawful authority to convey the same and warrants and will defend title to the real
<br />estate against the lawful claims of all persons.
<br />BORROWER AND LENDER AGREE AS FOLLOWS:
<br />1. Borrower shall pay when due, the principal and interest as provided in said Note.
<br />2. All payments received by Lender shall be first applied to advances for the protection
<br />ENTERED AS INSTRUMENT NO
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