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<br />r <br />I <br /> <br />88.~",~ 101243- <br /> <br />TRUST DEED AND CONSTRUCTION SECURITY AGREEMENT <br /> <br />THIS TRUST DEED is made this ~ day of M^"'^' , <br />198Jt, by and between the Guarantor, Mid Nebraska Auto Auction <br />Inc., a corporation (herein "Guarantor"), Richard J. Butler, <br />Attorney at La'il (herein "Trustee"), and the Beneficiar~( Holdrege <br />Federal Credit Union, whose address is lit" '" .,c1ver\~~. &:Wltltr~ IJJJ.III'11/1 <br />(herein "Lender"). <br /> <br />Guarantor, for valuable consideration and as inducement top <br />the Lender for the extension of credit and acceptance of <br />guarantee(s) hereby irrevocably grants and conveys to Trustee, in <br />trust, with the POWER OF SALE, the following described property <br />located in the County of Hall, State of Nebraska: <br /> <br />The Westerly Three Hundred Sixty Three (363) <br />Feet of the Southwest Quarter of the <br />Southeast Quarter (SW 1/4 SE 1/4) of Section <br />Twelve (12), Township Eleven (11), Range Ten <br />(10) West of the 6th P.M., Hall County, <br />Nebraska <br /> <br />THIS IS A CONSTRUCTION SECURITY AGREEMENT AND SECURES AN <br />OBLIGATION WHICH THE GUARANTOR INCURRED FOR THE PURPOSE OF MAKING <br />IMPROVEMENT OF THE FOREGOING REAL ESTATE AND IS A CONSTRUCTION <br />SECURITY INTEREST THEREIN. <br /> <br />TOGETHER with all buildings, fixtures, improvements, and <br />equipment attached thereto, now or hereafter erected thereon and <br />all rights-of-way, easements, rents, issues, profits, income, <br />tenements, hereditaments, privileges, appurtenances, leasehold <br />interests, ground leases, royalties, and mineral, oil, gas and <br />water rights thereunto belonging, used or enjoyed with said land <br />or any part thereof, all of which, including replacements and <br />additions thereto shall be deemed to be and remain a part of the <br />property covered by this Trust Deed; and all of the foregoing <br />together with said Property are herein referred to as the <br />"Property." <br /> <br />TO SECURE the Lender the repayment of any and all sums due <br />or to become due Lender under the terms and provisions of a <br />certain Guarantee executed by Guarantor in favor of Lender dated <br />~"^"{.h It, 198~, and all renewals and extensions <br />t ereof and as security for all future advances to protect the <br />security and all future advances made at the option of the <br />parties and the payment and performance of any and all other <br />indebtedness or obligations of the Guarantor to the Lender which <br />may arise, all of said principal sums not to exceed in the <br />aggregate Three Hundred ThousaIld Dollars ($300,000) and as <br />security for all obligations and Guarantor created by this Trust <br />Deed. <br /> <br />Guarantor covenants that Guarantor is lawfully seised of the <br />Property hereby conveyed and has the right to grant and convey <br />the Property, that the Property is unencumbered by any mortgage, <br /> <br />,-.- <br /> <br />L <br /> <br />~ <br /> <br />" <br />h- <br />