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<br /> DEED OF TRUST 9 9 10 9 8 9 fi
<br /> This DEED OF TRUST is made as of the 1 st day of OCTOBER, 1999, by and among the Trustor, MARCO�
<br /> INVESTMENTS LIl�IITED PARTNERSHIP,whose mailing address for purposes of this Deed of Trust is 1120—28 NORTH ^�
<br /> 18�ST,OMAHA,NEBRASKA 68102 (hereiq °Trustor",whether one or more),the Trustee, AREND R. BAACK, Attorney a
<br /> at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802- �- `�
<br /> 0790 (herein "Trustee"), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND
<br /> ISLAND,whose mailing address is P. O. Box 1009,Grand Island,NE 68802-1009(herein"Lender").
<br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br /> (herein "Bonower", whether one or more), and the trust herein created, the receipt of which is hereby acknowledged, Trustor
<br /> hereby irrevocable grants,transfers, conveys and assigns to Trustee, IN TRUST,WITH POWER OF SALE, for the benefit and
<br /> security of the Lender,under and subject to the terms and conditions hereinafter set forth,legally described as follows:
<br /> LOTS FIVE (5), SIX (6), SEVEN (7) AND EIGHT (8), BLOCK THIltTY-EIGH'T (38) ORIGINAL
<br /> TOWN,NOW CITY OF GRAND ISLAND,HALL COUNTY,NEBRAKSA.
<br /> together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br /> located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such
<br /> personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and
<br /> cooling equipment and together with the homestead or marital interests, if any, which interests are hereby released and waived,
<br /> all of which,including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of
<br /> this Deed of Trust and all of the foregoing being referred to herein as the"Property".
<br /> This Deed of Trust sha11 secure (a) the payment of the principal sum and interest evidenced by a Deed of Trust Note
<br /> dated OCTOBER 1, 1999, having a maturity date of OCTOBER 1, 2006, in the original principal amount of ONE HLJNDRED
<br /> THOUSAND AND NO/100 Dollars ($100,000.00), and any and all modifications, extensions and renewals thereof or thereto
<br /> and any and all future advances and re-advances to Borrower(or any of them if more than one) hereunder pursuant to one or
<br /> more promissory notes or credit agreements (herein called "Note"); (b)the payment of other sums advanced by Lender to
<br /> protect the security of the Note; (c)the performance of all covenants and agreements of Trustor set forth herein; and (d) a11
<br /> present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct,
<br /> indirect, absolute or contingent and whether arising by note,guaranty,overdraft or otherwise. The Note,this Deed of Trust and
<br /> any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br /> guarantees, security agreements and assignments of leases and rents, sha11 be referred to herein as the"Loan Instruments".
<br /> TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br /> 1. Pavment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br /> 2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and warrants that the
<br /> lien created hereby is a first and prior lien on the Property and the execution and delivery of the Deed of Trust does not violate
<br /> any contract or other obligation to which Trustor is subject.
<br /> 3. Ta�ces. Assessment�. To pay before delinquent all t�es, special assessments and a11 other chazges against the
<br /> Property now or hereafter levied.
<br /> 4. Insurance. To keep the Property insured against damage by fire hazards included with the term "extended
<br /> coverage" and such other hazards as Lender may require in amounts and with companies acceptable to Lender, naming Lender
<br /> as an additional named insured with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to
<br /> adjust, collect and compromise all claims thereunder and shall have the option of applying all or part of the insurance proceeds
<br /> (i)to any indebtedness secured hereby and in such order as Lender may determine,(u)to the Trustor to be used for the repair or
<br /> restoration of the Property, or(rii)for any other purpose or object satisfactory to Lender without affecting the lien of this Deed
<br /> of Trust for the full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness
<br /> shall not extend or postpone the due date of any payments under the Note,or cure any default thereunder or hereunder.
<br /> 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate,
<br /> sufficient sums to enable Lender to pay as they become due one or more of the following: (i) a11 taxes, assessments and other
<br /> charges against the Property: (ii) the premiums on the property insurance required hereunder, and (rii) the premiums on any
<br /> mortgage insurance required by Lender.
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