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J <br />C� <br />Z <br />a <br />ii <br />M <br />r <br />rn <br />N <br />M <br />INC <br />C13 <br />M <br />CO) <br />;a <br />n n <br />T n <br />= D <br />C <br />n CA <br />;.n > cn <br />n 2 <br />Q <br />x � � <br />rn <br />0 <br />T <br />M <br />rn <br />rn <br />Cn <br />DEED OF TRUST AND SECURITY AGREEMENT <br />THIS DEED OF TRUST IS A CONSTRUCTION SECURITY <br />AN OBLIGATION WHICH THE TRUSTOR INCURRED OR WILL INCUR <br />MAKING AN IMPROVEMENT TO THE REAL ESTATE IN WHICH THE <br />GIVEN THAT IS A CONSTRUCTION SECURITY INTEREST. <br />ry <br />0 <br />N <br />N <br />cn <br />CID <br />C? V) <br />d -4 <br />C n <br />Z --i <br />M <br />-n <br />S fTl <br />r � <br />r n <br />Cn <br />n <br />Cn <br />d ert <br />N � <br />O <br />O <br />'- :3 <br />n <br />O 27 <br />CD CD <br />CD Z A. <br />O <br />AGREEMENT AND SECURES` - <br />FOR THE PURPOSE OF �� <br />SECURITY INTEREST IS N <br />THIS DEED OF TRUST, is made as of the � day of October, 2004, by <br />and among, KMK Custom Builders, Inc., a corporation (Tax Identification No. <br />) ( "Trustor ") , whose mailing address is 305 Waynewright, <br />Grand Island, NE 68801; Gary D. Byrne, a member of the Nebraska State Bar <br />Association ( "Trustee "), whose mailing address is P.O. Box 929, North Platte, <br />NE 69103 -0929 and James S. Reed and Precious A. Reed ( "Beneficiary "), whose <br />mailing address is 2511 Lakewood Drive, Grand Island, NE 68801. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys <br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Beneficiary, under and subject to the terms and conditions of this <br />Deed of Trust, the real property described as follows (the "Property "): <br />Lot Eight (8) in Grand West Fourth Subdivision in the City of <br />Grand Island, Hall County, Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, <br />interests in adjoining roads, streets and alleys, all improvements and <br />buildings of any kind now or hereafter situated thereon and all personal <br />property that may be or hereafter become an integral part of such buildings and <br />improvements including, but not limited to, all building materials stored on <br />the Property, goods, machinery, tools, equipment (including fire sprinklers and <br />alarm systems, air conditioning, heating and refrigerating equipment, and all <br />other equipment of every kind) and all water rights. <br />The Property and the entire estate and interest conveyed to the <br />Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of <br />$140,000.00, with interest thereon, as evidenced by that certain promissory <br />note of even date (the "Note ") with a maturity date of October, 2004, <br />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 <br />and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the <br />Trust Estate, with interest thereon at the rate of six percent (60) per annum, <br />and <br />C. The performance of Trustor's covenants and agreements under the <br />building loan agreement, deeds of trust, security agreements and assignments of <br />rents, notices of commencement which evidence and secure these covenants and <br />agreements, all of which instruments, together with the Note, are herein <br />collectively referred to as the `Loan Instruments ". <br />To the extent that the Property and any improvements thereon <br />constitute fixtures, this instrument shall be filed in the real estate records <br />in the county in which the Property is located and be deemed a fixture filing. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF SECURED OBLIGATION. This Deed of Trust shall <br />secure the following indebtedness and obligations: (1) indebtedness evidenced <br />