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S DEED OF TRUST, is mode as of L <br />ro <br />n <br />n <br />and ainong 1 & B RENTALS L.L.C. <br />( ' is "Trustor "), whose mailing address is <br />N. St. Paul Rd. Grand Island, NE. <br />; GAR <br />n' <br />= <br />m <br />Title, 503 <br />W. Koenig St. , Grand 1sIandT,-NE—.-688dl <br />and PLATE ENTERPRISES L.L.C. <br />( "Beneficiary ") <br />c <br />z <br />rn <br />n <br />rn <br />z <br />Ne 68801 <br />�h <br />,, <br />e1=110 <br />� 0, <br />_Island, <br />z n o <br />a <br />in n <br />. <br />-- <br />" <br />> <br />r\) <br />N <br />n to <br />` <br />_ <br />.: <br />-�-i �, ; <br />o <br />CD <br />Z <br />cri <br />CD <br />CD <br />_71 <br />CID <br />r � <br />CD <br />® <br />r a <br />CC) C <br />a <br />CD <br />cra <br />rW <br />Ul <br />DEED OF TRUST <br />CA <br />S DEED OF TRUST, is mode as of L <br />day of <br />Au ust 2005 by <br />and ainong 1 & B RENTALS L.L.C. <br />( ' is "Trustor "), whose mailing address is <br />N. St. Paul Rd. Grand Island, NE. <br />; GAR <br />ttorney -at -Law <br />( "Trustee "), whose mailing address is C/o Advantage <br />Title, 503 <br />W. Koenig St. , Grand 1sIandT,-NE—.-688dl <br />and PLATE ENTERPRISES L.L.C. <br />( "Beneficiary ") <br />_ <br />whose mailing address is__2209 E_ __z1_ <br />tollev <br />Rd _ .Grand <br />Ne 68801 <br />�h <br />, - <br />_Island, <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and sec rity ofB .n fici y, under and subject to the terms and conditions of this Deed of Trust, <br />© Grand I s�1an <br />the real property located in the City of County of <br />�r 1 State of Nebraska, and legally described as follows (the "Property "): <br />04 The Southerly Forty -five (45) feet of Lot One (1) in Block Nineteen (19) in <br />M Rollin's Addition to the City of Grand Island, Hall County, Nebraska <br />1'77 TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, <br />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 />M The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ". <br />C4% FOR THE PURPOSE OF SECURING: <br />principal 45 , 000.00 ' hereon, as evidenced by that <br />a. Payment of indebtness in the total princi al arnount of $ with interest t <br />� certain promissory note of even date (the "Note ") with a maturity date of Au ust 1 2020 _ <br />7 executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />ymade 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 SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. 'Trustor shall pay when due tfie 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 />X '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 />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 payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide trustor with receipts 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 (10) 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 attorney's fees, Any such costs and expenses not paid <br />within Lou (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 />6. 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 provisior•, of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hei ider. <br />8. 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 />Rov 9195 P . . <br />rr <br />Z <br />O <br />°r <br />