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<br />88- 105141 <br /> <br />DEED OF TRUST <br />CONSTRUCTION SECUR!TY AGREEMENT <br />This Deed of Trust is made this 22nd day of SRntpmhRr , 19.-aa., by and among <br />LYNN & TOM PARTNERSHTP. A NEARASKA OAPrN,p~~TO <br />hereinafter referred to as Trustor, whose mailing address is 660 N. Orleans. Gfsnd IRland, <br />NE 6BB03 ; AREND R. BAACK, Attorney at Law, hereinafter referred to as 'Trustee," <br />whose mailing address is P. O. Box 790, Grand Island, Nebraska 6BBD2; and HOME FEDERAL <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, hereinafter referred to as "Beneficiary," <br />whose mailing address is 221 South Locust Street, P. O. Box 1009, Grand Island, Nebraska <br />68802, <br />For valuable consideration, Trustor irrevocably grants, transfers, conveys and <br />assigns to Trustee, in trust, with power of sale, for the benefit and security of 8ene- <br />ficiary, under and subject to the terms and conditions of this Deed of Trust, the fol- <br />lowing described property, located in HALL County, Nebraska, to-wit: <br /> <br />LOT ONE (l), BLOCK TWO (2), COLONIAL ESTATES SECOND SUBDIVISION, TO THE CITY OF <br /> <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. <br /> <br />] <br /> <br />h <br />, <br /> <br />together with all buildings, improvements, fixtures, streets, alleys, passegeways, <br />easements, rights, privileges and appurtenances located thereon or in any way pertaining <br />thereto, and the rents, issues, profits, reversions and the remainders thereof, includ- <br />ing all such personal property that is attached to the improvements so as to constitute <br />a ~ixture, all of which, including replacements and additions thereto, are hereby de- <br />clared to be a part of the real estate conveyed in trust hereby, it being agreed that <br />all of the foregoing shall be hereinafter referred to as the "Property." <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />(a) the payment of indebtedness evidenced by Trustor's note of even date herewith <br />in the principal sum of ONE HUNDRED SIXTY THOUSAND AND ND/IDn--------------------- <br />($ 160,000.00 ), together with the balance of such indebtedness, if not sooner <br />paid, due and payable on March 1 ,1999; with interest at the rate or rates <br />provided therein, along with the payment of all other sums, with interest thereon, <br />advanced in accordance herewith to protect the security of this Deed of Trust, <br />together with the principal and interest on any future advance as evidenced by <br />promissory notes stating they are secured hereby, and any and all renewals, modifi- <br />cations and extensions of such notes, both principal and interest on the notes <br />being payable in accordance with the terms set forth therein, which by this refer- <br />ence is hereby made a part hereof. The holder hereof shall have the option to <br />accelerate the maturity of the note for which this mortgage is given as security, <br />at any time after the NA loan year after first giving the undersigned or <br />the then owner of the premises described herein a wr i tten notice three months <br />in advance of its intelJt to do so. At no time shall the pr incipal amount of the <br />indebtedness secure!! by t>I:Iis Deed of Trust, not including sums advanced in accord- <br />ance herewith to protect tJ-esecurity of the Deed of Trust, exceed the original <br />amount of the note plus $ 0.00 <br /> <br />(b) the performance of each agreement and covenant of Trustor herein contained; <br />and <br /> <br />(c) the payment of any Sl.o,O or sums of money which may be hereafter paid or advanced <br />by Beneficiary under the terms ofth1s Deed of Trust, together with interest thereon <br />at the rate provided in the note. <br /> <br />To protect the security of this Deed of Trust, Trustor hereby covenants and agrees <br />as follows: <br />