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<br /> ��' Deed of Trust, Security Agreement�
<br /> �BANKS and Fixture Financing Sta temen t - Q
<br /> II�I�
<br /> (Nebraska)
<br /> This Deed of Trust, Secu�ity Agreement and Fixtu�e Financing Statemeni("Deed of Trust"1 is made 0 6-15-19 9 9 , by and
<br /> between Timothv C. Plate a Ging]�_�ersnn
<br /> (the "Trustor"/a(nl Individual (s)
<br /> Norwest Bank Nebraska National Association
<br /> (the "Trustee"J, a national banking association, and
<br /> Norwest Bank Nebraska National Association
<br /> (the "Beneficia�y"J, a national banking association. W/TNESSETH:
<br /> lF THIS BOX/S CHECKED ❑ TH/S DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THE IVEBRASKA CONSTRUCTION L/EN ACT AND CREATES, GRANTS AND
<br /> CONSTITUTES A COIVSTRUCTION SECURITY INTEREST lN THE PROPERTY DESCR/BED BELOW.
<br /> WHEREAS,
<br /> � Trustor has executed and delive�ed to Beneficiary a promissory note in the principal sum of
<br /> ThrPP Ht�nr3rP�3 Thrn�aanA anr� ��/� ��
<br /> Dollars /S�0 n,�n n_n 0 l, dated p ti_� S_i q q q ,payable to the o�der of Beneficia�y and having a maturity of
<br /> 0 ti-� S-�110� , together with interest thereon, late charges,prepayment penalties, any future advances, and all
<br /> extensions, modifications, substitutions and renewals thereof(he�einafter the "Note"1.
<br /> ❑
<br /> (the "Bo�rower"J, has app/ied to Beneficiary for one o�more/oans, /etters of credit, or other financia/accommodations and may hereafte�
<br /> from time to time apply to Beneficiary for additiona!loans,lette�s of credit and other financial accommodations, and to induce Beneficia�y
<br /> to provide financial accommodations to Borrower:
<br /> ❑ !f this box is checked, Tiusto�has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br /> obligation of eve�y type and description which Bo�rower may now or at any time hereafte�owe to Beneficia�y(whether such debt,
<br /> liability or obligation now exists or is hereafter c�eated or incurred, and whether it is or may be direct o�indirect, due or to become
<br /> due, absolute or contingent,primary or secondary, liquidated or unliquidated, o�joint, seve�al or joint and several/,
<br /> ❑ lf this box is checked, T�ustor has guaranteed to Beneficiary the payment and performance of the debt, /iability, or obligation of
<br /> Borrowe�to Beneficiary evidenced by or arising out of the fo!lowing:
<br /> and any��xtensions, renewals or replacements the�eof, together with accrued interest thereon and related costs of enforcement and
<br /> collection expenses,pursuant to a Guaranty(hereinafter the "Guaranty")of even date herewith.
<br /> Trustor shall also pay all other sums, fees or cha�ges, together with interest thereon, advanced to protect the security of this Deed of T�ust
<br /> and the performance of the covenants and agreements of Trustor, whether or not set forth herein and perform, discharge and comp/y with
<br /> every term, covenant, obligation and ag�eement of Trustor contained herein or inco�porated by reference (Trustor's obligations under the
<br /> Note or the Guaranty, as applicable, and al/such other sums are hereinafter collectively referred to as the "Obligations"1.
<br /> NOW, THEREFORE, in conside�ation of the premises and for the pu�pose of securing the Obligations, Trustor irrevocably grants
<br /> and transfers to Trustee, in trust, WITH POWER OF SALE, the fol%wing described property located in the County of
<br /> Hal l , State of Nebraska:
<br /> Lots Eighteen (18) and Nineteen (19) , in Block Three (3) , in Southern Acres, an
<br /> Addition to the City of Grand Island, Hall County, Nebraska
<br /> SUBJECT T0: easements and restrictions of reco�d, and:
<br /> together with /i/all buildings, structures, additions, enlargements, modifications, repai�s, replacements, and improvements now or hereafter
<br /> located the�eon, (iiJ all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, ai�
<br /> conditioning, sprink/ing andp/umbing fixtures, water andpower systems, engines, boi/e�s, ranges, ovens, dishwashers, mi�rors and mante/s,
<br /> carpeting, furnaces, oil burners, elevato�s and motors, ref�ige�ation p/ants o�units, communication systems, dynamos, transformers,
<br /> elect�ical equipment, storm and screen windows, doors, awnings and shadesl now or hereafter attached to, or built in, any building
<br /> improvement or improvement now or hereafter/ocated the�eon, (iii/a//easements and rights of way appurtenant thereto, /ivJ a///easeho/d
<br /> estate, right, title and interest of Trustor in and to all leases, whethe�now o�hereafter existing or ente�ed into (including, without limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a simila�naturel,pertaining thereto, (v)all rents, issues,profits
<br /> and income the�efrom (subject to the right of Trustor to collect and apply such rents, issues,profits and income as they become due and
<br /> payable so long as no event of default exists hereunder), (vi/all royalties,mine�al, oil and gas rights and p�ofits, water, wate�rights, and
<br /> water stock, (vii)all tenements, hereditaments,privileges and appurtenances be%nging, used or enjoyed in connection the�ewith, and(viiiJ all
<br /> proceeds of conve�sion, volunta�y o�involuntary, of any of the fo�egoing into cash or liquidated claims (including, without limitation,
<br /> proceeds of insu�ance and condemnation awardsl, all of which a�e hereinafter collectively the "Trust Property."
<br /> TO PROTECT THE SECUR/TY OF TH/S DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Tii/e. Trusto�covenants, wanants and agrees with Beneficia�y, its successors and assigns, that T�usto�owns the Trust Property(subject
<br /> to any land sale coniract described abovel and has the right to convey the Trust Property, that the Trust Property is free fiom any prior lien
<br /> or encumb�ance except as otherwise listed above, that this Deed of Tiust is and will remain a valid and enforceab/e/ien on the T�ust
<br /> Property, that Trustor, at its expense, will p�ese�ve such title and will maintain this Deed of Trust as a lien upon the Tiust Property and wi//
<br /> forever warrant and defend the validity and priority of the lien hereof againsi the claims of all persons and parties whomsoever. Tiustor, at its
<br /> expense, will cause this Deed of Trust, and each amendment o�supp/ement hereto, to be filed and recorded as a mortgage of the Trust
<br /> Property in such manner and in such place and will take such action as in the opinion of Tiustee may be required by any present or future
<br /> law in order to perfeci, maintain and protect the lien of this Deed of Tiust, as the same may be amended or supplemented fiom rima» r�..,A
<br /> T/UStO�Wlll/11�ke.cuch fiirtho�n��...�.................______ __ __ . . .. _.., . - .,
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