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N <br />N <br />Co <br />Record and return to: <br />Grand Island Abstract <br />704 W. 3"1 Street <br />Grand Island, NE 68801 <br />DEED OF TRUST <br />THIS DEED OF TRUST, made this / day of , 2022, by <br />and between Tuxhorn Investments, LLC, a Nebraska limited liability company, of the County of <br />Hall and State of Nebraska, hereinafter called "Trustor" (whether one or more), and Zachary Butz, <br />Attorney at Law, of Hall County, Nebraska, hereinafter called "Trustee," and McDermott Family <br />Limited Partnership, whose address is 923 Austin Ave., Grand Island, NE 68801, 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 Three (3), Block Forty (40), Original Town of Grand Island, Hall County, <br />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 />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 payment of Trustor's just indebtedness to Beneficiary in the principal sum of <br />One Hundred Sixty-seven One Hundred Eighty -Nine and 64/ 100ths Dollars ($167,189.64) for <br />money borrowed, with interest thereon, all as evidenced by and in strict accordance with the terms <br />of that certain promissory note hereinafter called the "Note", bearing even date herewith made <br />payable to the order of Beneficiary, executed by Tuxhorn Investments, LLC, a Nebraska limited <br />