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Y' <br />200205770 <br />DEED OF TRUST <br />AND CONSTRUCTION SECURITY AGREEMENT <br />THIS DEED OF TRUST, is made as of the 24th day of May <br />the TmstOr, Kevin L. Hulse and Tammie L. Hulse, husband and wife <br />the Trustee, United Nebraska Bank <br />R <br />n (n <br />o <br />CD --t <br />CD <br />� <br />rQ <br />—i <br />Z <br />n <br />O <br />C= <br />M <br />v <br />CD 'n <br />O <br />° <br />rn <br />N <br />= <br />S M <br />A aw <br />O <br />�rt <br />r a� <br />r <br />Ul <br />N <br />� <br />rn <br />� <br />A <br />� <br />C <br />Gy <br />O <br />w <br />CA <br />O <br />n� <br />� <br />O <br />f <br />rn <br />:3 <br />e� <br />W <br />CC <br />DEED OF TRUST <br />AND CONSTRUCTION SECURITY AGREEMENT <br />THIS DEED OF TRUST, is made as of the 24th day of May <br />the TmstOr, Kevin L. Hulse and Tammie L. Hulse, husband and wife <br />the Trustee, United Nebraska Bank <br />2002 by and among <br />(herein 'Borrower "), <br />(herein "Trustee"), <br />and the Beneficiary, United Nebraska Bank <br />(herein "Lender "). <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 />Lot One (1), Katzberg Subdivision, in Hall County, Nebraska. <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 Borrowers note dated <br />May 24, 2002 , having a maturity date of November 30, 2002 , in the original principal <br />amount of $ 240,000.00 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 />.other 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) GII081 Page 1of4 <br />R <br />n (n <br />o <br />CD --t <br />CD <br />C A <br />rQ <br />—i <br />CD <br />-Z-1 M <br />O <br />C= <br />Cc -r <br />CD 'n <br />O <br />rn <br />N <br />= <br />S M <br />A aw <br />O <br />�rt <br />r a� <br />r <br />Ul <br />N <br />� <br />J <br />CD <br />A <br />� <br />C <br />cn <br />O <br />Z <br />CA <br />O <br />2002 by and among <br />(herein 'Borrower "), <br />(herein "Trustee"), <br />and the Beneficiary, United Nebraska Bank <br />(herein "Lender "). <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 />Lot One (1), Katzberg Subdivision, in Hall County, Nebraska. <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 Borrowers note dated <br />May 24, 2002 , having a maturity date of November 30, 2002 , in the original principal <br />amount of $ 240,000.00 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 />.other 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) GII081 Page 1of4 <br />