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<br /> ��� Deed of Trust, Security Agreement
<br /> H��BANKS and Fixture Financing Statement �
<br /> n��=� (Nebraskal�
<br /> This Deed of Trust, Security Ag�eemeni and Fixture Financing Statement I"Deed of Trust"1 is made 0 8/17/19 9 9 , by and
<br /> berween D & D Investments, A Nebraska Partnership
<br /> (the "Tiustor"/aln) Partnership
<br /> Norwest Bank Nebraska National Association
<br /> (the "Trustee"), a national banking association, and
<br /> _Norwest_Bank Nebraska National Association
<br /> /the "Beneficiary"/, a nationa!banking association. WITNESSETH:
<br /> lF THlS BOX lS CNECKED ❑ 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 lN THE PROPERTY DESCR/BED BELOW.
<br /> WHEREAS,
<br /> � Trustor has executed and delivered to Beneficiary a promissory note in the p�incipal sum of
<br /> T�aQ Ht�nr3r�,(��'c�rt�-Fi�ht Th�l�sanc] anr3 O�l(1�
<br /> Dollars (S_�48 p��_ �� l, dated �p�� ��� q q q ,payable to the order of Beneficiary and having a matu�ity of
<br /> ��/� S/?002 ___ _, together with inte�est thereon, late charges,prepayment penalties, any futu�e advances, and all
<br /> extensions, modifications, substitutions and renewals rhereof lhereinafter ihe "Note"1.
<br /> ❑
<br /> lthe "Borrower"), has applied to Beneficiary for one or more loans, letters of credit, or other financial accommodations and may hereafter
<br /> from time to time apply to Beneficiary for additional loans, letters of c�edit and other financial accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Borrower:
<br /> ❑ lf this box is checked, T�ustor has guaranteed to Beneficiary the payment and pe�formance of each and every debt, liability and
<br /> obligation of every type and desc�iption which Borrower may now or at any time hereafter owe to Beneficia�y(whether such debt,
<br /> /iabi/ity or ob/igation now exists or is hereafter created or incu�red, and whether it is or may be direct or indirect, due or to become
<br /> due, absolute or contingent,primary or secondary, liquidated or unliquidated, or joint, several or joint and severa!/,
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficiary ihe payment and pe�fo�mance of the debt, liability, o�obligation of
<br /> Borrower to Beneficiary evidenced by or arising out of the following:
<br /> and any extensions, renewals or replacements thereof, together with accrued inte�est thereon and related costs of enforcement and
<br /> collection expenses,pursuant to a Gua�anty(hereinafter the "Guaranty"J of even date herewith.
<br /> Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to p�otect the security of this Deed of Trust
<br /> and the performance of the covenants and agreements of Trustor, whethe�o�noi set forth herein and pe�form, discharge and comply with
<br /> every term, covenant, ob/igation and agieement of Trustor contained herein or incorporated by reference (Trustor's ob/igations under the
<br /> Note o�the Guaranty, as applicable, and all such other sums are hereinafter col%ctively refened to as the "Obligations"J.
<br /> NOW, THEREFORE, in consideration of the premises and for the pu�pose of securing the Obligations, Trustor irrevocably grants
<br /> and iransfers to Trusiee, in trust, WITH POWER OF SALE, the following described property located in the County of
<br /> Hal l , State of Nebraska:
<br /> Lots One (1) and Two (2) , Colonial Apartments Subdivision in the City of Grand
<br /> Island, Hall County, Nebraska
<br /> SUBJECT TO: easements and�est�ictions of record, and:
<br /> together with (i)a//bui/dings, structu�es, additions, en/argements, modifications, repairs, rep/acements, and improvements now or hereafter
<br /> located thereon, (ii)all equipment, machinery and fixtures (including, without limitation, all lighiing, heating, ventilating, cooling, ai�
<br /> condrtioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels,
<br /> ca�peting, furnaces, oil burne�s, elevators and motors, refrigeration planis or units, communication systems, dynamos, iransformers,
<br /> electrica!equipment, storm and screen windows, doors, awnings and shadesl now or hereafter aftached to, or built in, any building
<br /> improvement or improvement now or hereafter located thereon, (iii/all easements and rights of way appurtenant the�eto, (iv/all leasehold
<br /> estate, right, title and interest of Trustor in and to all leases, whether now or hereafter existing or ente�ed into lincluding, without limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a similar naturel,pertaining thereto, lv)all rents, issues, p�ofits
<br /> and income theref�om (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/, (vil all royalties, mineral, oi!and gas rights and profits, water, wate�righis, and
<br /> water stock, (vii/ all tenements, hereditaments,privileges and appurtenances belonging, used or enjoyed in connection therewith, and(viii)all
<br /> proceeds of conversion, voluntary or involuntary, of any of the foregoing into cash or liquidated claims lincluding, without limitation,
<br /> proceeds of insurance and condemnation awardsl, all of which are hereinafter collectively the "Trust P�operty."
<br /> TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Title. Trustor covenants, war�ants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Tiust Property(subject
<br /> to any land sale contract desc�ibed above) and has the riQht to convey the Trust Property, thai the Trust Property is free from any prior lien
<br /> or encumb�ance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceable lien on the Trust
<br /> Prope�ty, that Trustor, at its expense, wi//preserve such tit/e and wi//maintain this Deed of Trust as a/ien upon ihe Trust Property and wi/!
<br /> foreve�warrant and defend the validity and priority of the lien he�eof against the claims of all persons and parties whomsoever. Trustor, at its
<br /> expense, will cause this Deed of T�ust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Trust
<br /> Propertv in such manner and in such place and will take such action as in the o,oinion of Tiustee mav be reauired bv anv,o�esent or future
<br />
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