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<br /> � 99 111405
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<br /> �� Deed of Trust, Security Agreement ��
<br /> ��BANKS and Fixture Financing Statement �
<br /> � (Nebraska)
<br /> This Deed of T�ust, SecurityAgreement and Fixture Financing Statement("Deed of Trust"1 is made 11/26/1999 , by and
<br /> between Michael Hieb and Gail Hieb
<br /> (the "Trustor"1 a/n/ Husband and Wife
<br /> Norwest Bank Nebraska, National Association
<br /> Ithe "Trustee"J, a national banking association, and
<br /> Norwest Bank Nebraska National Association
<br /> (the "Beneficiary"1, a national banking association. WITNESSETH:
<br /> lF THIS BOX/S CHECKED [� TH/S DEED OF TRUST CONST/TUTES A CONSTRUCTION SECURITY
<br /> AGREEMENT UNDER THE NEBRASKA CONSTRUCT/ON L/EN ACT AND CREATES, GRANTS AND
<br /> CONSTITUTES A CONSTRUCTION SECUR/TY/NTEREST lN THE PROPERTY DESCR/BED BELOW.
<br /> WHEREAS,
<br /> �Cl T�ustor has executed and delivered to Beneficiary a promissory note in the principal sum of
<br /> Fi�t�/-Fi�ht Thrn��anr3 Tw[� Hi�nr3rPr3 anr3 0/l�(l
<br /> Dollars (S R�,�p p_�p l, dated � � ��ti�-t q q q ,payable to the order of Beneficiary and having a maturity of
<br /> n S/�'���0 n n , together with interest thereon, late charges,prepayment penalties, any future advances, and all
<br /> extensions, modifications, substitutions and renewals thereof(hereinafter the "Note").
<br /> ❑
<br /> /the "Bo�rower"1, has app/ied to Beneficiary for one or mo�e/oans,_/etters of credit, r�r other financia/accommodations and may hereafter
<br /> fiom time to time app/y to Beneficia�y for additiona//oans, /eliers of credit and other financia/accommodations, and to induce Beneficiary
<br /> to provide financial accommodations to Bor�ower:
<br /> ❑ lf this box is checked, Trustor has guaranteed to Beneficiary the payment and performance of each and every debt, liability and
<br /> obligation of every type and description which Bonower may now or at any time hereafter owe to Beneficiary(whethei such debt,
<br /> liability or obligation now exists or is hereafrer created or incurred, 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 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 o��eplacements thereof, together with accrued inte�est thereon and related costs of enforcement and
<br /> collection expenses,pursuant to a Guaranty(hereinafter the "Guaranty"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 performance of the covenants and agreements of Trustor, whether o�not set forth he�ein and pe�fo�m, discharge and comply with
<br /> every te�m, covenant, obligation and agreement of Trustor contained herein o�incorporated by�efe�ence (T�ustor's obligations under the
<br /> Note or the Gua�anty, as applicab/e, and all such oiher sums are he�einafter collectively referred to as the "Obligations"l.
<br /> NOW, THEREFORE, in consideration of the premises and for the purpose of securing the Obligations, Tiustor irrevocab/y grants
<br /> and transfers to Trustee, in trusi, WITH POWER OF SALE, the following described prope�ty located in the County of
<br /> Hal l , State of Nebraska:
<br /> Lots l, 2 & 3, Block 2, Powells Addition to the Village of Alda, Hall County,
<br /> Nebraska.
<br /> SUBJECT TO: easements and restrictions of record, and:
<br /> together with (i)all buildings, structu�es, additions, enlargements, modifications, repairs, replacements, and improvemenis now or hereafier
<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, ranges, ovens, dishwashers, mirrors and mantels,
<br /> carpeting, furnaces, oi/burners, e/evators and motors, refrige�ation p/ants or units, communication systems, dynamos, transformers,
<br /> elect�ical equipment, storm and screen windows, doors, awnings and shadesl now or hereafter attached to, o�built in, any building
<br /> improvement or improvement now or hereafter located thereon, (iii)all easements and rights of way appu�tenant thereto, (ivl all leasehold
<br /> estate, right, title and interest of Trustor in and to all leases, whether now or hereafte�existing or entered into (including, without limitation,
<br /> all cash and security deposits, advance rentals and deposits or payments of a similar naturel,pe�taining thereto, (vl all rents, issues,profits
<br /> and income therefrom (subject to the right of Trustor to co//ect and app/y such rents, issues,profits and income as they become due and
<br /> payable so long as no event of default exists hereunder/, (viJ all royalties, mineral, oil and gas�ights and p�ofits, water, water rights, and
<br /> wate�stock, (vii)all tenements, hereditaments,privileges and appurtenances belonging, used or enjoyed in connection therewith, and(vriil all
<br /> proceeds of conversion, voluntary or involuntaiy, of any of the foregoing into cash or liquidated claims (including, without limitation,
<br /> proceeds of insurance and condemnation awards), all of which are hereinafter collectively the "Tiusi Property."
<br /> TO PROTECT THE SECURITY OF TH/S DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. Tit/e. Trusto�covenants, warrants and agrees wiih Beneficiary, iis successors and assigns, that Trustor owns the T�ust Property lsubject
<br /> to any/and sa/e contract described abovel and has the right to convey the Trust Properiy, that the T�ust Property is f�ee fiom any prior/ien
<br /> or encumbrance except as otherwise listed above, that this Deed of Trust is and will remain a valid and enforceab/e lien on ihe Trust
<br /> P�operty, that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a lien upon the Trust Property and will
<br /> forever warrani and defend the validity and priority of the lien hereof against the claims of all persons and parties whomsoever. Trustor, 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 Trust
<br /> Prope�ty in such manne�and in such p/ace and wi//take such action as in the opinion of Trusiee may be required by any present or future
<br /> law in orde�to perfect, maintain and protect the lien of this Deed of Tiust, as the same may be amended or supp/emented from time to time. �
<br /> Trustor will make such further assurance or assu�ances to perfect iis tit/e to the Trust Property as may be required by Beneficia�y. Trustor ��
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