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n <br />tr <br />C <br />Al z, <br />� - x <br />A <br />ti 20030168' <br />r, <br />x n <br />m r/+ <br />n x <br />m <br />w <br />o y <br />o+ <br />y <br />w <br />rt <br />� <br />N <br />DEED OF TRUST <br />"' <br />O <br />Loan # 805007 <br />This DEED OF TRUST is made as of the 7th day of February. 2003 by and among the <br />Tmstor, Stalker Development LTD. , A Nebraska Limited Partnership, whose mailing <br />address for purposes of this Deed of Trust is 2710 Apache Rd. (herein, "Trustor", whether <br />one or more), the Trustee, Earl D. Ahtschwede. Attornev whose mailing address is 202 W. 3" St. <br />Grand Island, NE 68801 (herein "Trustee "), and the Beneficiary, Equitable Federal Savings <br />Bank of Grand island, whose mailing address is PO Box 160, Grand Island NE 68802 (herein <br />"Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified <br />herein to Stalker Development LTD. , A Nebraska Limited Partnershup (herein <br />"Borrower ", whether one or more), and the trust herein created, the receipt of which is hereby <br />acknowledged, Truster hereby irrevocably grants, transfers, conveys and assigns to Trustee, <br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and <br />subject to the terms and conditions hereinafter set forth, legally described as follows: <br />LOT EIGHT (8) IN BLOCK EIGHTEEN (18), IN KERNOHAN AND DECKER'S <br />ADDITION TO THE CITY OF GRAND ISLAND, HALL 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 02 -07 -2003, having a maturity date of February 7. <br />2013, in the original principal amount of Ninety Four Thousand and No /100 Dollars <br />($94,000.00), and any and all modifications, extensions and renewals thereof or thereto and <br />any and all future advances and readvances to Borrower (or any of them if more than one) <br />hereunder pursuant to one or more promissory notes or credit arrangements (herein called <br />"Note "); (b) the payment of other sums advanced by Lender to protect the security of the <br />Note; (c) the performance of all covenants and agreements of Truster set forth herein; and (d) <br />all present and future indebtedness and obligations of Borrower (or any of them if more than <br />one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other <br />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 <br />be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />l) Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2) Title. Truslor 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 Decd of Trust does not violate any contract or other <br />obligation to which Trustor is subject. <br />doc8.doc 1 46 <br />