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i <br />r <br />n <br />o � <br />�.1 C\1 <br />\ W N <br />200301625 DEED OF TRUST <br />Loan # 805004 <br />This DEED OF TRUST is made as of the 31st day January. 2003 of by and among the <br />Trustor, L.U.D. Investments L .L .C., A Nebraska Limited Liability Company , whose , <br />mailing address for purposes of this Deed of Trust is 2726 St. Patrick Ave. Grand Island, <br />NE 68803 (herein, "Trustor ", whether one or more), the Trustee, Earl D. Ahlschwede <br />Attorney whose mailing address is 202 W. 3rs St. Grand Island, NE 68801 (herein "Trustee"), <br />and the Beneficiary, Equitable Federal Savings Bank of Grand Island, whose mailing address <br />is PO Box 160, Grand Island NE 68802 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified <br />herein to L.U.D. Investments. L.L.C. (herein `Borrower ", whether one or more), and the <br />trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably <br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for <br />the benefit and security of Lender, under and subject to the terms and conditions hereinafter <br />set forth, legally described as follows: <br />Lot three (3), Block two (2), Crane Valley Subdivision in the City of Grand Island, Hall <br />County, Nebraska <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, <br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the <br />rents, issues and profits, reversions and remainders thereof, and such personal property that is <br />attached to the improvements so as to constitute a fixture, including, but not limited to, <br />heating and cooling equipment and together with the homestead or marital interests, if any, <br />which interests are hereby released and waived, all of which, including replacements and <br />additions thereto, is hereby declared to be a part of the real estate secured by the lien of this <br />Deed of Trust and all of the foregoing being referred to herein as the "Property". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced <br />by a Promissory Note dated 31- Jan -031 having a maturity date of 01- Mar -03, in the <br />original principal amount of Two Hundred Nintv Three Thousand Two Hundred Nintv <br />Eiuht and 47/100 Dollars ($293,298.47), and any and all modifications, extensions and <br />renewals thereof or thereto and any and all future advances and readvances to Borrower (or <br />any of them if more than one) hereunder pursuant to one or more promissory notes or credit <br />arrangements (herein called "Note "); (b) the payment of other sums advanced by Lender to <br />protect the security of the Note; (c) the performance of all covenants and agreements of <br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of <br />Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or <br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other documents that secure the Note or otherwise executed in <br />connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as 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 <br />Property and warrants that the lien created hereby is a first and prior lien on the Property <br />and the execution and delivery of the Deed of Trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />doc8.doc 1 of 6 <br />