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a <br />C <br />a <br />z <br />G7 <br />M <br />tr <br />M <br />CA <br />1'77 <br />C <br />C'7 <br />M <br />H <br />M <br />(7 <br />A <br />M <br />T <br />C <br />Z <br />CA <br />x <br />n n <br />= D <br />M CA <br />n z <br />� t <br />DEED OF TRUST <br />N <br />c� <br />0 <br />s <br />N <br />rn <br />m � <br />0 <br />Cn <br />W <br />ul <br />0 <br />c�o cn <br />C) --i <br />C D <br />z -� <br />�M <br />o <br />O *� <br />= M <br />D p <br />t— D <br />Cn <br />D <br />rn <br />W <br />O <br />N <br />0 <br />0 <br />s <br />O <br />S <br />1 <br />vi <br />THIS DEED OF TRUST, is made as of the day of October, 2004, by and among, Famos -� <br />Construction, Inc., a Nebraska corporation, ( "Trustor "), whose mailing address is 540 E. Capital, Grand Island, <br />NE 68801. Gary D. Byrne, a member of the Nebraska State Bar Association ('Trustee ), whose mailing <br />address is P.O. Box 929, North Platte, NE 69103 -929 and James S. Reed and Precious A. Reed, husband and <br />wife, ( "Beneficiary"), whose mailing address is 2511 Lakewood Drive, Grand Island, NE 68801. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to <br />the terms and conditions of this Deed of Trust, the real property located in the County of Hall, State of <br />Nebraska, and legally described as follows (the "Property"): <br />Lot 26, Grand West Fourth Subdivision, Grand Island, Hall County, Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining <br />roads, streets and alleys, improvements and buildings of any kind situated thereon and all personal property <br />that may be or hereafter become an integral part of such buildings and improvements, all crops raised <br />thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to <br />collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of $130,000.00, with interest <br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a maturity date of <br />October , 2005, executed by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, <br />extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest <br />thereon at the rate of 6.5% per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure <br />the payment and performance of any obligation secured hereby are referred to collectively as the "Loan <br />Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan <br />Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of <br />every kind, now or hereafter levied against the Trust Estate or any part thereof directly without notice or <br />demand as each installment comes due and shall provide the Beneficiary with evidence of the payment of <br />the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage <br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no less <br />than the amount of the unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). <br />Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be <br />cancelable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall <br />furnish Beneficiary a certificate of insurance coverage at Beneficiary's request, with a provision in such <br />certificate that the insurer shall provide Beneficiary ten (10) days advance notice of any cancellation of the <br />policy at any time for any reason, or of expiration of policy without renewal thereof. Trustor shall promptly <br />repair, maintain, and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, <br />the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />fT'1 <br />J <br />ro <br />CL <br />D <br />cn <br />CD <br />