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;o <br />S (n Cj <br />S <br />20020.323 <br />n <br />n <br />ac <br />O <br />rn <br />o �• <br />rn <br />rst �1 <br />C <br />cn ) <br />, <br />co <br />T <br />rTi <br />.70 <br />Z3 <br />W <br />CD <br />W <br />DEED OF TRUST <br />AND CONSTRUCTION SECURITY AGREEMENT <br />C> N <br />0 <br />G D <br />c <br />o -TI <br />m z <br />z m <br />1" D <br />D <br />Cn <br />Cn <br />THIS DEED OF TRUST, is made as of the 31st day of January 2002 , by and <br />the Trustor, Todd A Hedlund and Kelly A Hedlund, husband and wife <br />the Trustee, United Nebraska Bank 700 North Webb Road Grand Island, NE 68803 <br />and the Beneficiary, United Nebraska Bank <br />(herein "Lender "). <br />G <br />N <br />o coo <br />o Q. <br />N y <br />O El-- <br />y <br />cr <br />W <br />N ro <br />W <br />amon <br />(herein "Borrower "), <br />(herein "Trustee "), <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the receipt <br />of which is hereby acknowledged, Borrower hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br />property, described as follows: <br />See Attached Addendum <br />IT IS UNDERSTOOD BY BORROWER AND LENDER THAT THIS INSTRUMENT, WHICH IS SECURED BY THE ABOVE <br />REFERENCED PROPERTY, IS A CONSTRUCTION SECURITY AGREEMENT AND THAT IT DOES OR WILL SECURE AN <br />OBLIGATION WHICH THE BORROWER HAS OR WILL INCUR FOR THE PURPOSE OF MAKING AN IMPROVEMENT OR <br />IMPROVEMENTS ON PROPERTY HEREINBEFORE DESCRIBED. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, including, but <br />not limited to, heating and cooling equipment and such personal property that is attached to the improvements so as to constitute a <br />fixture; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien <br />of this 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 interests evidenced by Borrower's note dated <br />January 31, 2002 , having a maturity date of July 28, 2002 , in the original principal <br />amount of $ 305,000.00 and any and all modifications, extensions and renewals thereof or thereto (herein called "Note); (b) <br />the payment of other sums advanced by Lender to protect the security of this Deed of Trust, with interest thereon as provided in the <br />Note; and (c) the performance of all covenants and agreement to Borrower set forth herein. <br />Borrower, to protect the security of this Deed of Trust, covenants and agrees with Lender as follows: <br />1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on, and any fees <br />or charges provided in, the Note or in this Deed of Trust. <br />2. Title. Borrower is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Property, except as may otherwise be set forth herein, and the execution and delivery of <br />this Deed of Trust does not violate any contract or other obligation to which Borrower is subject. <br />3. Taxes, Assessments. To pay when due all taxes, special assessments and all other charges against the Property and, upon <br />written demand by Lender, to pay to Lender such amount as may be sufficient to enable the Lender to pay such taxes, assessments or <br />I ther charges as they become due. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", <br />and such other hazards as Lender may require, in amounts and with companies acceptable to the Lender, and with loss payable to the <br />Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and <br />shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as <br />Lender may determine, (ii) to the Borrower to be used for the repair of restoration of the Property or (iii) for any other purpose or <br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment <br />ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the <br />Note, or cure any default thereunder or hereunder. <br />11601.CV (4 /01) G11368 Page 1 of <br />G <br />