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DEED OF TRUST AND SECURITY AGREEMENT <br />`PHIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT AND SECURES <br />AN OBLIGATION WHICH THE TRUSTOR INCURRED OR WILL INCUR FOR THE PURPOSE OF <br />© MAKING AN IMPROVEMENT TO THE REAL ESTATE IN WHICH THE SECURITY INTEREST IS <br />GIVEN THAT IS A CONSTRUCTION SECURITY INTEREST". <br />MON <br />Z <br />THIS DEED OF TRUST, is made as of the LT day of August, 2005, by <br />and among, Douglas Boersen and Angela Boersen, husband and wife, ( "Trustor "), <br />whose mailing address is 3324 Homestead, Grand Island, NE 68801; John M. <br />Cunningham, a member of the Nebraska State Bar Association ( "Trustee "), whose <br />mailing address is P.O. Box 2280, 222 N. Cedar Street, Grand Island, NE 68802; <br />W and Competitive Mortgage, Inc., ( "Beneficiary "), whose mailing address is 3333 <br />.Q W. State Street, Grand Island, NE 68803. <br />25 <br />M FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys <br />CA and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Beneficiary, under and subject to the terms and conditions of this <br />Deed of Trust, the real property described as follows (the "Property "): <br />Lot One (1), in Homestead Second Subdivision, Hall County, <br />Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, <br />interests in adjoining roads, streets and alleys, all improvements and <br />buildings of any kind now or hereafter situated thereon and all personal <br />property that may be or hereafter become an integral part of such buildings and <br />improvements including, but not limited to, all building materials stored on <br />the Property, goods, machinery, tools, equipment (including fire sprinklers and <br />alarm systems, air conditioning, heating and refrigerating equipment, and all <br />other equipment of every kind) and all water rights. <br />The Property and the entire estate and interest conveyed to the <br />Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of <br />$39,000.00, with interest thereon, as evidenced by that certain promissory note <br />dated July 21, 2005 (the "Note ") with a maturity date of October 15, 2005, <br />executed by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the <br />Trust Estate, with interest thereon at the rate as set forth in said Note dated <br />July 21, 2005, and <br />C. The performance of Trustor's covenants and agreements under the <br />building loan agreement, deeds of trust, security agreements and assignments of <br />rents, notices of commencement which evidence and secure these covenants and <br />agreements, all of which instruments, together with the Note, are herein <br />collectively referred to as the "Loan Instruments ". <br />To the extent that the Property and any improvements thereon <br />constitute fixtures, this instrument shall be filed in the real estate records <br />in the county in which the Property is located and be deemed a fixture filing. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF SECURED OBLIGATION. This Deed of Trust shall <br />secure the following indebtedness and obligations: (1) indebtedness evidenced <br />T <br />CD <br />- <br />- <br />C <br />Zr <br />rn En <br />= <br />� <br />ref, <br />r�rs <br />CD 1 <br />ry <br />e <br />nv <br />�.... <br />, <br />>� <br />CA <br />M, <br />, <br />S <br />C:) <br />3: <br />CYI <br />t n <br />za <br />CO <br />= <br />Cil <br />DEED OF TRUST AND SECURITY AGREEMENT <br />`PHIS DEED OF TRUST IS A CONSTRUCTION SECURITY AGREEMENT AND SECURES <br />AN OBLIGATION WHICH THE TRUSTOR INCURRED OR WILL INCUR FOR THE PURPOSE OF <br />© MAKING AN IMPROVEMENT TO THE REAL ESTATE IN WHICH THE SECURITY INTEREST IS <br />GIVEN THAT IS A CONSTRUCTION SECURITY INTEREST". <br />MON <br />Z <br />THIS DEED OF TRUST, is made as of the LT day of August, 2005, by <br />and among, Douglas Boersen and Angela Boersen, husband and wife, ( "Trustor "), <br />whose mailing address is 3324 Homestead, Grand Island, NE 68801; John M. <br />Cunningham, a member of the Nebraska State Bar Association ( "Trustee "), whose <br />mailing address is P.O. Box 2280, 222 N. Cedar Street, Grand Island, NE 68802; <br />W and Competitive Mortgage, Inc., ( "Beneficiary "), whose mailing address is 3333 <br />.Q W. State Street, Grand Island, NE 68803. <br />25 <br />M FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys <br />CA and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Beneficiary, under and subject to the terms and conditions of this <br />Deed of Trust, the real property described as follows (the "Property "): <br />Lot One (1), in Homestead Second Subdivision, Hall County, <br />Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, <br />interests in adjoining roads, streets and alleys, all improvements and <br />buildings of any kind now or hereafter situated thereon and all personal <br />property that may be or hereafter become an integral part of such buildings and <br />improvements including, but not limited to, all building materials stored on <br />the Property, goods, machinery, tools, equipment (including fire sprinklers and <br />alarm systems, air conditioning, heating and refrigerating equipment, and all <br />other equipment of every kind) and all water rights. <br />The Property and the entire estate and interest conveyed to the <br />Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of <br />$39,000.00, with interest thereon, as evidenced by that certain promissory note <br />dated July 21, 2005 (the "Note ") with a maturity date of October 15, 2005, <br />executed by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the <br />Trust Estate, with interest thereon at the rate as set forth in said Note dated <br />July 21, 2005, and <br />C. The performance of Trustor's covenants and agreements under the <br />building loan agreement, deeds of trust, security agreements and assignments of <br />rents, notices of commencement which evidence and secure these covenants and <br />agreements, all of which instruments, together with the Note, are herein <br />collectively referred to as the "Loan Instruments ". <br />To the extent that the Property and any improvements thereon <br />constitute fixtures, this instrument shall be filed in the real estate records <br />in the county in which the Property is located and be deemed a fixture filing. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF SECURED OBLIGATION. This Deed of Trust shall <br />secure the following indebtedness and obligations: (1) indebtedness evidenced <br />