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rn = D <br />T M CA <br />CA 71 CD <br />CL <br />n n = n (f <br />S J n O <br />O C <br />CD <br />00 F-+ <br />cn <br />DEED OF TRUST AND SECURITY AGREEMENT <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT AND SECURES <br />AN OBLIGATION WHICH THE TRUSTOR INCURRED OR WILL INCUR FOR THE PURPOSE OF <br />MAKING AN IMPROVEMENT TO THE REAL ESTATE IN WHICH THE SECURITY INTEREST IS 1/xe), 50 <br />GIVEN THAT IS A CONSTRUCTION SECURITY INTEREST. �/`T�y� <br />THIS DEED OF TRUST, is made as of the I day of v` 2003, <br />by and ampongKMK Custom Builders, Inc., a corporation (Tax Identification No. <br />) ( "Trustor "), whose mailing address is 305 Waynewright, <br />Grand Island, NE 68801; Gary D. Byrne, a member of the Nebraska State Bar <br />Association ( "Trustee "), whose mailing address is P.O. Box 929, North Platte, <br />NE 69103 -0929 and Jim S. Reed and Precious A. Reed ( "Beneficiary "), whose <br />mailing address is 2511 Lakewood Drive, Grand Island, NE 68801. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys <br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Beneficiary, under and subject to the terms and conditions of this <br />Deed of Trust, the real property described as follows (the "Property "): <br />That real estate more particularly described in Exhibit "A" <br />attached hereto and incorporated herein by reference. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, <br />interests in adjoining roads, streets and alleys, all improvements and <br />buildings of any kind now or hereafter situated thereon and all personal <br />property that may be or hereafter become an integral part of such buildings and <br />improvements including, but not limited to, all building materials stored on <br />the Property, goods, machinery, tools, equipment (including fire sprinklers and <br />alarm systems, air conditioning, heating and refrigerating equipment, and all <br />other equipment of every kind) and all water rights. <br />The Property and the entire estate and interest conveyed to the <br />Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the tot al principal amount of <br />$140,000.00, with interest thereon, as evidenced by that certain promissory <br />note of even date (the "Note ") with a maturity date of A1600#X L - a88 A003 <br />executed by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the <br />Trust Estate, with interest thereon at the rate of ten percent (10%)per annum, <br />and <br />C. The performance of Trustor's covenants and agreementsunder the <br />building loan agreement, deeds of trust, security agreements and assignments of <br />rents, notices of commencement which evidence and secure these covenants and <br />agreements, all of which instruments, together with the Note, are herein <br />collectively referred to as the "Loan Instruments ". <br />To the extent that the Property and any improvements thereon <br />constitute fixtures, this instrument shall be filed in the real estate records <br />in the county in which the Property is located and be deemed a fixture filing. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF SECURED OBLIGATION. This Deed of Trust shall <br />secure the following indebtedness and obligations: (1) indebtedness evidenced <br />