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,v ` m <br />T <br />r]1 CIF o C'> C() <br />G (i �. � ...c C D O � <br />C) o o <br />rn � Co <br />r D O C <br />�) N <br />r'1 <br />co B <br />Ci. . C Cn N Z <br />0 <br />200410121 N Q <br />r <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 15th day of October, 2004 by and among the Trustor, Northwest <br />Crossings Limited Liability Company, whose mailing address for purposes of this Deed of Trust is PO Box 139, <br />Grand Island, Nebraska 68802 -0139 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, �'SQ <br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand <br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br />Northwest Crossings Limited Liability Company (herein "Borrower ", whether one or more), and the trust herein <br />created, the receipt of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and <br />assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and sub- <br />ject to the terms and conditions hereinafter set forth, legally described as follows: <br />Lots One (1), Two (2), and Three (3), Setag Subdivision, in the City of Grand Island, Hall County, <br />Nebraska <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a <br />Construction Line of Credit Draw Note dated October 15, 2004, having a maturity date of January 10, 2015, in the <br />original principal amount of One Hundred Seventy-Five Thousand and 00 /100 Dollars ($175,000.00), and any and all <br />modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to <br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agree- <br />ments (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; <br />(c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future <br />indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust <br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as <br />the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment 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 <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against <br />the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of <br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may <br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or <br />