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c <br />-nnQ <br />M > u' <br />7n <br />con <br />'C = <br />m <br />CD <br />(n <br />--- 200507.365 <br />DEED OF TRUST <br />2 1S W. 11 ®h StVA and NAisland'NAVA, HuF andx and Wile �yI.0 o - 2005 ,by <br />I DEED OF TRUST is made as of lst day of Au ust_ <br />g _ , , e a idwhose mailing address is <br />( "Trustee "), whose: mailing address is_ LID Advanta &e ,_Title_,_503_W. Koenig St. , Grand Is an , NE. 8 <br />and-..., "„ PLATE ENTERPRISES ( "Beneficiary ") <br />C7 whose mailing address is 22Q9 E. Stolle Park Rd. Grand Isla n , NE. <br />3:03 <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />a POWER. OF SALE, fbr the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, <br />mthe real property located in the City of rand Island County of <br />__4 _ Hall State of Nebraska, and legally described as Follows (the "Property "): <br />j The West Seventeen (17') feet of Lot Three (3) and all of Lot Four (4), in Block Four <br />r- (4), in Dill & Huston's Addition to the City of Grand Island, Hall County, Nebraska <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, <br />M improvements and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral <br />� part of'such buildings and improvements, all crops raised thereon, and all water rights. <br />n The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ". <br />M FOR THE PURPOSE OF SECURING; <br />N7 a. Payment of indebtness in the total principal amount of $ 63,500 - 00 , with interest thereon, as evidenced by that <br />certain promissory note of even date (the "Note ") with a maturity date of Auguat 1, — <br />2D2 5. <br />_ <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of <br />Six percent ( 6 %) per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SEC URTTY OF THIS DEFT) OF TRUST: <br />I. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the indebtedness <br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. 'TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every kind, now or hereafter levied <br />against the trust estate or any part thereof as follows: <br />(initial one) <br />Trustor shall directly pay such taxes, without notice or demand as each installment comes due and shall <br />! provide the beneficiary with evidence of the payment of the same. <br />X — Trustor shall pay to beneficiary one - twelfth of the real estate taxes each month and such other assessments <br />as they become due. The one - twelfth payment shall be adjusted annually as the taxes change and trustor agrees that <br />after a ment of the taxes each <br />p y year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide trustor with rgceipts showing that the real estate taxes have been paid in full and when due. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or modifiable without ten (1.0) days prior written notice to Beneficiary. <br />Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof: Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorneys fees. Any such costs and expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation proceeding, or in any other manner including deed in • lieu of Condemnation <br />( "Condemnation "), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief <br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />8. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property <br />to Trustor may make future advances to 'Trustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are secured hereby. <br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is located and by <br />otherwise complying with the provision- of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hez ider. <br />S. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />9. INSPECTION, Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary <br />shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection, <br />1 <br />Ro,, 09195 <br />m <br />z <br />Q <br />0, <br />CD <br />rn to <br />o --4 <br />Frl <br />CD <br />o <br />-M <br />crl <br />M <br />:3 <br />CIO <br />a <br />U) <br />W <br />2 1S W. 11 ®h StVA and NAisland'NAVA, HuF andx and Wile �yI.0 o - 2005 ,by <br />I DEED OF TRUST is made as of lst day of Au ust_ <br />g _ , , e a idwhose mailing address is <br />( "Trustee "), whose: mailing address is_ LID Advanta &e ,_Title_,_503_W. Koenig St. , Grand Is an , NE. 8 <br />and-..., "„ PLATE ENTERPRISES ( "Beneficiary ") <br />C7 whose mailing address is 22Q9 E. Stolle Park Rd. Grand Isla n , NE. <br />3:03 <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />a POWER. OF SALE, fbr the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, <br />mthe real property located in the City of rand Island County of <br />__4 _ Hall State of Nebraska, and legally described as Follows (the "Property "): <br />j The West Seventeen (17') feet of Lot Three (3) and all of Lot Four (4), in Block Four <br />r- (4), in Dill & Huston's Addition to the City of Grand Island, Hall County, Nebraska <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, <br />M improvements and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral <br />� part of'such buildings and improvements, all crops raised thereon, and all water rights. <br />n The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ". <br />M FOR THE PURPOSE OF SECURING; <br />N7 a. Payment of indebtness in the total principal amount of $ 63,500 - 00 , with interest thereon, as evidenced by that <br />certain promissory note of even date (the "Note ") with a maturity date of Auguat 1, — <br />2D2 5. <br />_ <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of <br />Six percent ( 6 %) per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SEC URTTY OF THIS DEFT) OF TRUST: <br />I. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the indebtedness <br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. 'TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every kind, now or hereafter levied <br />against the trust estate or any part thereof as follows: <br />(initial one) <br />Trustor shall directly pay such taxes, without notice or demand as each installment comes due and shall <br />! provide the beneficiary with evidence of the payment of the same. <br />X — Trustor shall pay to beneficiary one - twelfth of the real estate taxes each month and such other assessments <br />as they become due. The one - twelfth payment shall be adjusted annually as the taxes change and trustor agrees that <br />after a ment of the taxes each <br />p y year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide trustor with rgceipts showing that the real estate taxes have been paid in full and when due. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or modifiable without ten (1.0) days prior written notice to Beneficiary. <br />Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem <br />necessary to protect the security hereof: Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorneys fees. Any such costs and expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation proceeding, or in any other manner including deed in • lieu of Condemnation <br />( "Condemnation "), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief <br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds ") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />8. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property <br />to Trustor may make future advances to 'Trustor. Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are secured hereby. <br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is located and by <br />otherwise complying with the provision- of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hez ider. <br />S. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their <br />heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and <br />holder of the Note, whether or not named as Beneficiary herein. <br />9. INSPECTION, Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary <br />shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection, <br />1 <br />Ro,, 09195 <br />m <br />z <br />Q <br />0, <br />