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tam <br />- <br />0 <br />200205046 <br />M <br />n n <br />M N <br />DEED OF TRUST <br />19 <br />f1 n <br />= D <br />A i <br />a <br />rn <br />CD C!f d9 <br />C__ <br />{ -4 <br />co <br />�a <br />coo <br />0' <br />fulls <br />This Deed of Trust, made this 5 day of TH y , 2000, by and among Joseph L. Parrella, Jr. and Shirlev P. <br />Parrella, husband and wife, whose mailing address is 3604 South Blaine #6, Grand Island, NE 68801, (herein Trustor whether one or <br />more); and Amie C. Martinez, whose mailing address is 1630 K Street, Lincoln, NE 68508, (herein Trustee, whether one or more); <br />and Rex E. Carpenter, whose mailing address is P.O. Box 610, Grand Island, NE 68802 (herein Beneficiary, whether one or more.) <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of <br />Trust, the following described real property, located in Lancaster County, Nebraska: <br />Lot 6, Meadowlark Estates Subdivision, Grand Island, Hall County, Nebraska <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or <br />subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of <br />Trustor thereunder, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in <br />the real property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas rights <br />and profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land <br />lying within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, and <br />appurtenances now or hereafter erecncd thereon or belonging thereto, (herein referred to as "Improvement" or "Improvements "); and <br />any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part <br />of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the <br />"Property" <br />FOR THE PURPOSE OF SECURING: <br />.-y <br />cc <br />CAD <br />o� <br />o� <br />N 9 <br />co <br />U <br />oz <br />lb <br />ap,SU <br />(a) The payment of indebtedness evidenced by Trustoes note of even date herewith in the principal sum of $700,000.00 <br />together with interest at the rate or rates provided therein, or the pri - p- IXipal and interest on any future advances evidenced by <br />promissory notes stating they are secured hereby, (herein "Note" or "Notes ") and any and all renewals, modifications and extensions <br />of such Note, both principal and interest on the Note being payable in accordance with the terms set forth therein, reference to which <br />is hereby made. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the <br />terms of this Deed of Trust. <br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES <br />AS FOLLOWS: <br />1. Payment of Principal and Interest. Trustor shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Deed of Trust. <br />2. Warranty of Title. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property <br />hereby conveyed and has the right to grant and convey the Property; the lien created hereby, shall constitute a fast lien upon the <br />Property; the Property is free and clear of all other liens and encumbrances except liens now of record not rendering title <br />unmarketable; and Trustor will wan-ant and defend the title to the Property against all claims and demands. <br />3. Maintenance and Compliance With Laws. Trustor shall keep the Property in good repair and condition and shall not <br />commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished <br />without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions <br />and restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any <br />law, ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike <br />manner any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed <br />and materials furnished therefore and for any alterations thereof. <br />4. Insurance. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the <br />Improvements and personal property, constituting the Property, against loss by fire, lightening, tornado, and other perils and hazards <br />covered by standard extended coverage endorsement, in an amount equal to at least one hundred percent of the full replacement value <br />thereof and insurance against such other hazards and in such amounts as is customarily carried by owners and operators of similar <br />properties or as Beneficiary may require for its protection. Trustor will comply with such other requirements as Beneficiary may <br />from time to time request for the protection by insurance of the interests of the respective parties. All insurance policies maintained <br />pursuant to this Deed of Trust shall name Trustor and Beneficiary as insureds, as their respective interests may appear, and provided <br />that there shall be no cancellation or modification with less than 15 days prior written notification to Trustee and Beneficiary. In the <br />event any policy hereunder is not renewed on or before 15 days prior to its expiration date, Trustee or Beneficiary may procure such <br />insurance in accordance with the provisions of Paragraph A.6 hereof, Trustor shall deliver to Beneficiary the original policies of <br />insurance and renewals thereof or memo copies of such policies and renewals thereof. Trustor shall promptly furnish to beneficiary <br />receipts evidencing such payment. Failure to furnish such insurance by Trustor, or renewals as required hereunder shall, at the option <br />of Beneficiary, constitute a default. <br />5. Taxes. Assessments and Charges. Trustor shall pay all taxes, assessments and other charges, including, without <br />limitation, fines and impositions attributable to the Property, and leasehold payments or ground rents, if any, before the same become <br />delinquent. Trustor shall promptly famish to Beneficiary all notices of amounts due under this paragraph, and in the event Trustor <br />shall make payment directly, Trustor shall promptly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all <br />taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust without regard to any law <br />that may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br />6. Additional Liens and Protection of Beneficiary's Security. Trustor shall make all payments of interest and principal and <br />payments of any other charges, fees and expenses contracted to be paid to any existing lien holders or prior beneficiaries under any <br />