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<br /> DEED OF TRUST �..�
<br /> This is a Construction Security Agreement. It secures an obligation which the borrower has and will incur for the purpose of �
<br /> making an improvement or improvements of the real estate in which the security interest is given. o�
<br /> THIS DEED OF TRUST is made this ...29th..... day of.....�?ril 1ggg ., by and between
<br /> .......Gary.W:.Monter and.Jaye.L:Monter:husband,and wife
<br /> . ..... ............. .. ......... . ........ ......... ...........................
<br /> ......................................................whether one or more, (hereinafter called the"Trustor"), whose mailing address is
<br /> .....61.1.S.Alexandria,Cairo,,NE.68824
<br /> ................ . ...................... . . ...................................................................................................................,
<br /> .... ..and.Homestead.Capital.Compan.X,.Inc:.........................................................................................................
<br /> ................... .
<br /> (hereinafter called the"Trustee"),whose mailing address is ........�15.Pearl,Street,.Wayne7.Nebraska 68787
<br /> ................................
<br /> .......................................................and ........Homestead.Capital.CompanX,.inc.....................................................................
<br /> .................................................................................... (hereinafter called the"Beneficiary"),whose mailing address is
<br /> 215 Pearl Street, Wayne: Nebraska 68787
<br /> .............................................. . ......................................................................................................................
<br /> WITNESSETH:
<br /> IF THIS BOX IS CHECKED �THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES,GRANTS AND
<br /> CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY DESCRIBED HEREINBELOW.
<br /> WHEREAS,Trustor is indebted to Beneficiary in the principal sum of................................................................................
<br /> One Hundred Forty Thousand ,,,, Dollars($..�.40z000:00..................�which indebtedness is evidenced by
<br /> ................. . .
<br /> Trustor's promissory noted dated ....... .April.29 ........................... 1999 (hereinafter called the"Note"), payable
<br /> to the order of Beneficiary and having a maturity of..........October 29, , _1999
<br /> NOW, THEREFORE, for the purpose of securing:
<br /> (a) payment of the Note,together with interest thereon,late charges,prepayment penalties,any future advances,and all
<br /> extensions,modifications,substitutions,and renewals thereof;
<br /> (b) payment of all other sums,fees,or charges,together with interest thereon,advanced to protect the security of this
<br /> Deed of Trust and the performance of the covenants and agreements of Trustor,whether or not set forth herein;
<br /> (c) performance,discharge of,and compliance with every term,covenant,obligation,and agreement of Trustor contained
<br /> herein or incorporated by reference or any other security instrument at any time given to secure the Note;and
<br /> (d) the repayment of all other sums or future advances,with interest thereon,which may heretofore have been or hereafter
<br /> be advanced by beneficiary to Trustor or Trustor's successor in interest or title,all of which is hereinafter collectively
<br /> called the"Indebtedness",
<br /> Trustor irrevocably grants and transfers to Trustee,in trust,WITH POWER OF SALE,the following described property:
<br /> Lot 1, Centura Hills Subdivision,an Addition to the Village of Cairo,
<br /> Hall County,Nebraska.
<br /> togetherwith(i)all buildings,structures,additions,enlargements,modifications,repairs,replacements,and improvements now or hereafter located
<br /> thereon,(ii)all equipment,machinery,and fixtures(including without limitation,all lighting,heating,ventilating,cooling,air conditioning,sprinkling and
<br /> plumbing fixtures,waterand powersystems,engines,boilers,ranges,ovens,dishwashers,mirrors and mantels,carpeting,furnaces,oil burners,
<br /> elevators and motors,refrigeration plants or units,communication systems,dynamos,transformers,electrical equipment,storm and screen
<br /> windows,doors,awnings and shades)now or hereafter attached to,or built in,any building or improvement now or hereafter located thereon,(iii)
<br /> all easements,rights of way appurtenant thereto,(iv)all leasehold estate,right and title and interest of Trustor in and to all leases,whether now or
<br /> hereafter existing or entered into(including,without limitation,all cash and security deposits,advance rentals and deposits or payments of a similar
<br /> nature),pertaining thereto,(v)all rents,issues,profits and income therefrom(subject to the right of Trustor to collect and apply such rents,issues,
<br /> profits and income as they become due and payable so long as no event of default exists hereund"er),(vi)all royalties,mineral,oil and gas rights and
<br /> profits,water,water rights,and water stock,(vii)all tenements, hereditaments, privileges and appurtenances belonging, used or enjoyed in
<br /> connection therewith,and(viii)all proceeds of conversion,voluntary or involuntary,of any of the foregoing into cash or liquidated claims(including,
<br /> without limitation,proceeds of insurance and condemnation awards all of which is hereinafter collectively called the"Trust Property".
<br /> TO PROTECT THE SECURITY OF THIS DEED OF TRUST,TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Title:Trustor covenants,warrants,and agrees with Beneficiary,its successors and assigns,that Trustor owns the Trust Property fee from
<br /> any prior liens or encumbrance,that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Property,that Trustor,
<br /> at its expense,will preserve such title and will maintain this Deed of Trust as a first and paramount lien upon the Trust Property and will forever
<br /> warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever.Trustor,at its expense,
<br /> will cause this Deed of Trust,and each amendment or supplement hereto,to be filed and recorded as a mortgage of the Trust Property in such
<br /> manner and in such place and will take such action as in the opinion of Trustee may be required by any present or future law in order to perfect,
<br /> maintain,and protect the lien of this Deed of Trust,as the same may be amended or supplemented from time to time.Trustor will make further
<br /> assurance or assurances to perfect its title to the Trust Property as may be required by Beneficiary. Trustor hereby relinquishes all right of
<br /> dower and homestead in and to the Trust Property.
<br /> 2. Payment of indebtedness.Trustor shall punctually pay the principal of and interest on the indebtedness secured hereby.
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