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<br /> 99 111203 �SC
<br /> a
<br /> �� Deed of Trust, Security Agreement
<br /> �BANKS and Fixture Financing Statement
<br /> � (Nebraskal
<br /> This Deed of Trust, SecurityAgreement and Fixtu�e Financing Statement("Deed of Tiust"1 is made 11/22/1999 , by and
<br /> between Younq Women' s Christian Association of Grand Island
<br /> Nebraska
<br /> lrhe "Trusror"1 a(nl Non-Profit Corboration
<br /> Norwest Bank Nebraska National Association
<br /> lthe "Tiustee"i, a national banking association, and
<br /> Norwest Bank Nebraska National Association
<br /> lthe "Beneficiary"), a national banking association. W/TNESSETH:
<br /> lF TH/S BOX/S CHECKED f� TH/S DEED OF TRUST CONSTITUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LlEIV ACT AND CREATES, GRANTS AND
<br /> CONSTITUTES A CONSTRUCT/ON SECURITY/NTEREST lN THE PROPERTY DESCR/BED BELOW.
<br /> WHEREAS,
<br /> �Cl Trustor has executed and delivered to Beneficiary a p�omissory note in the principal sum of
<br /> Fivc� Hunr3rPC3 Thrn�sanc9 anr3 O�lp�
<br /> Dollars (S_�r�p ��� �p 1, dated������ q q q ,payable to the order of Beneficiary and having a maturity of
<br /> �1/"��/�(l�� , together with interest thereon, late charges,prepayment pena/ties, any future advances, and all
<br /> exiensions, modifications, substitutions and renewals ihereof(hereinafter the "Note"1.
<br /> ❑
<br /> /the "Borrower"1, has app/ied to Beneficia�y fo�one o�more/oans, /etters of credit, or other financia/accommodations and may hereafter
<br /> from time to time apply to Beneficiary for additional loans, letters of c�edii and other financial accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Borrower:
<br /> O lf this box is checked, Trustor has guaranteed to Beneficia�y the payment and performance of each and every debt, liability and
<br /> obligation of eve�y type and desc�iption which Bonower may now or at any time hereafter owe to Beneficiary(wheiher such debt,
<br /> /iabi/ity or ob/igation now exists or is hereafter created or incuned, and whethe�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, seve�al or joint and severall,
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of the debt, liability, or 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 interest thereon and�elated costs of enforcement and
<br /> collection expenses,pursuant to a Guaranty(hereinafter the "Gua�anty"1 of even date herewith.
<br /> Trustor shall also pay all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust
<br /> and the perfo�mance of the covenants and agreements of Tiustor, whether or not set forth herein and pe�form, discha�ge and comply with
<br /> every term, covenant, obligation and agreement of Trustor contained herein or incorporated by refe�ence (Tiustor's obligations under the
<br /> Note or the Guaranty, as applicable, and all such other sums are hereinafter col%ciively referred to as ihe "Obligations"),
<br /> NOW, THEREFORE, in consideration of the prem;"ses and for the purpose of securing ihe Obligations, Trusto�i��evocably grants
<br /> and transfers to Trustee, in trust, WITH POWER UF SALE, the fol%wing described property located in the County of
<br /> Hal l , State of Nebraska:
<br /> Lot Two (2) , Fonner Third Subdivisior. an Addition to the City of Grand Island, Hall
<br /> County, Nebraska
<br /> SUBJECT TO: easements and restrictions of record, and:
<br /> together with /i)all buildings, structures, additions, enlargemenis, modifications, repairs, replacements, and improvements now or hereafter
<br /> located thereon, (iil all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air
<br /> conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ianges, ovens, dishwashers, mi��ors and maniels,
<br /> carpeting, furnaces, oi/burners, e/evators and motors, refiigeration p/ants or units, communication systems, dynamos, t�ansformers,
<br /> electrical equipment, storm and screen windows, doo�s, awnings and shades)now or hereafter attached to, or built in, any building
<br /> improvement o�improvement now or hereafter located thereon, (iiil all easements and rights of way appurtenant thereto, (iv)all leasehold
<br /> estate, right, title and interest of T�ustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation,
<br /> a//cash and security deposits, advance rentals and deposiis or payments of a similar naturel,pertaining thereto, (v/all rents, issues,p�ofits
<br /> and income theref�om (subject to the right of Trusto�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 hereunderl, lvil all�oyalties, mine�al, oil and gas rights and profits, water, water rights, and
<br /> water stock, /vii)all tenements, hereditaments,privileges and appurtenances belonging, used o�enjoyed in connection therewith, and/viiiJ all
<br /> proceeds of conversion, vo/untary or invo/untary, of any of the fo�egoing into cash or/iquidated c/aims (inc/uding, without/rmitation,
<br /> p�oceeds of insurance and condemnation awardsl, all of which are hereinafter col%ctively the "Tiust Property." i
<br /> TD PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Tit/e. Trustor covenants, warrants and agrees with,Beneficiary, its successors and assigns, that Trustor owns the Trust Property(subject
<br /> to any land sale contract described abovel and has the right to convey the Trust Property, that the Trust Prope�ty is free from any p�io�lien
<br /> o�encumb�ance except as oiherwise listed above, that this Deed of T�ust is and will�emain a valid and enfo�ceable lien on the Trust
<br /> Property, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Propeity and will
<br /> forever warrani and defend ihe validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Tiustor, at its
<br /> expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and recorded as a mortgage of the Tiust
<br /> P�operiy in such manne�and in such place and will take such action as in the opinion of Tiustee may be required by any present or future
<br /> /aw in order to perfeci, maintain and protect the/ien of this Deed of Tiust, as the same may be amended or supp/emented fiom time to time.
<br /> Trustor wi//make such further assurance o�assuranres tn nP�fa?cl ifc tit/a tn tho Truct Pinnn�r�.no..,�.,tie ..,,........�a.,o,...,.r.,,:.,.., r.......__
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