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<br />t..... <br /> <br />.5 ~- <br />W <br />r <br />\::) <br />::-.. <br /> <br />~ ~J,._._,'.'._.' _.. _...____._.. .__~..............._.~._~,.,~"..... <br />. .,.-.-- ...-----.-. ..~-'_.,'-~-_.~~.-.~'-~-~- -~~~-,. ~_..- <br /> <br />~ <br /> <br />DEED OF T <br />:JO <br />~ <br />fln6 <br />~>~ <br />200601755 R ~ <br /> <br />ST <br />~~ <br /> <br />~ <br /> <br />'-<:3]' <br />'"'" <br />D, <br />o <br />(1') <br /> <br /> <br />~~ <br /> <br />I <br /> <br />N <br />Sl <br />Sl <br />Q') <br />Sl <br />-->. <br />-...J <br /><.T1 <br /><.T1 <br /> <br />V') <br /> <br />(]I <br />VI <br />o <br /> <br />o <br />t-'; <br />-..J <br /> <br />~ <br /> <br />and PLATE ENTERPRISES LLC <br />whose mailing address is ??()g E. S'T'OT,T.F.Y PARK RD.. GRAND ISLAND. NE. 68801 <br /> <br />("Beneficiary") <br /> <br />. <br />FOR VALUABLE CONSIDI!;RATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUS'I: WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, <br />the real property located in the City of Qnmn T!': 1 ~nd , County of <br />Hi'! 11 , State of Nebraska, and legally described as follows (the "Property"): <br />Lot Seven (7), in Block One Hundred Forty Six (146) in Union Pacific Railway Company's <br />2nd 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 />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 />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indcbtncss in the t.ot.al principal amount of $. 59,000.00 ,with interest thereun, us evidenced by that <br />certain promissory note of even date (the"Note") with a maturity date of Dec. 1. 2020 __, <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 />5IX 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 />'fO PROTECT'I'HE SECURITY OF THIS DKf~D OF TRUST: <br />l. PAYMENT OF INDEBTEDNESS. Trustor shaH pay when due tt.e 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 levier! <br />against tl e trust estate or any part thereof as follows: <br />(initia ne) <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 />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 ES'l'ATE. Trustor shall appear in and contest any action or proceeding purporting to <br />affect the security hereof or the rights or powers of neneficiary or Trustee, and shan pay all costs and expenses, including cost of <br />evidence oftitle and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should '!'rustor <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 neneficiary 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 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 01' 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_ neneficiary 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 ljxecute 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. APPOINTMEN'\' OF SUCCESSOR TRUSTIm. 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 provisiop" of the applicable law of the State of Nebraska substitute a successor or successors to <br />the Trustee named herein or acting hel .IdeI'. <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, divorc.ee, 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. INSPE:CTION. 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 /> <br />R rW8i9S-T <br />