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WI <br />'i <br />0 <br />x <br />M <br />n <br />M <br />M <br />= <br />z <br />n i <br />n <br />x <br />N <br />s <br />rcv <br />c <br />° <br />n <br />m <br />m (ice <br />—` <br />^' <br />=' <br />C) <br />Cn <br />CD <br />V <br />� <br />3 <br />D <br />r <br />f A <br />CIt <br />N1 <br />cr) <br />C <br />~ <br />C <br />cn <br />Z <br />O <br />DEED OF TRUST <br />This DEED OF TRUST is made as of May 2002 by and among Larson Construction, Inc., the <br />Trustor, , whose mailing address for purposes of this eed of Trust is 505 Linden Ave. Grand Island, NE 68801, <br />(herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a member of the t, \ <br />Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802 -0790 (herein <br />"Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND <br />ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender'). <br />FOR VALUABLE CONSIDERATION, including Lenders extension of credit identified herein to <br />LARSON CONSTRUCTION, INC. (herein 'Borrower ", whether one or more), and the trust herein created, the <br />receipt of which is hereby acknowledged, Truster hereby irrevocable grants, transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the <br />terms and conditions hereinafter set forth, legally described as follows: <br />Lot One (1), Indianhead Fourth Subdivision, in the City of Grand Island, Hall County, Nebraska. <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />referred to herein as the 'Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a Deed of <br />Trust Note dated May /��, 2002, having a maturity date of May 1, 2003, in the original principal amount <br />totaling One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if <br />more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "), <br />(b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all <br />covenants and agreements of Truster 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 contingent and whether <br />arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that <br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security <br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />L Pavment 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 Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Truster is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges <br />against the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />