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(/) ....... lVJ 3 <br />ex:> 0 '"' co a <br /> p. .J:: <br /> c...:> -- <br /> ........ en CO Z <br /> DEED OF TRUST en 0 <br /> <br /> <br /> <br />:I=- <br />~ <br />z <br />S <br />C") <br />..... <br />-I <br />===i <br />r- <br />fT1 <br />f.I') . <br />m <br />::::c <br /><: <br />c=; <br />rn <br />en <br /> <br />-- THIS DEED OF TRUST, is made as ofthe _L day of September, 2007, by and among, Johnson & <br />Johnson, Inc., a Nebraska corporation, ("Trustor"), whosemailingaddressisPOBox]305.Grand]sland.NE 68802; <br />Gary D. Byrne, a member of the Nebraska State Bar Association ("Trustee"), whose mailing address is P.O. Box 929, <br />North Platte, NE 69103-929; and Springda]e, L.L.C., a Nebraska limited liability company, ("Beneficiary"), whose <br />mailing address is 940 S. North Road, Grand Is]and, NE 68803. <br /> <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, <br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the rea] property located in the County of Hall, State of Nebraska , and legally described <br />as follows (the "Property"): <br /> <br />Lot Two (2) Springdale Subdivision in the City of Grand Is]and, Hall County, Nebraska. <br /> <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may be or <br />hereafter become an integra] part of such buildings and improvements, all crops raised thereon, and all water rights. <br /> <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as <br />the "Trust Estate". <br /> <br />~ <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />a. Payment of indebtedness in the total principal amount of$28,000.00, as evidenced by that certain <br />promissory note of even date (the "Note") with a maturity date of March 5, 2008, executed by Trustor, which has been <br />delivered and is payable to the order of Beneficiary, and which by this reference is hereby made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br /> <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at <br />the rate of 0% ~ annum, and <br /> <br />c. The performance of Trustor's covenants and agreements. <br /> <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment <br />and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments". <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br /> <br />]. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br /> <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every <br />kind, now or hereafter levied against the Trust Estate or any part thereof directly without notice or demand as each <br />installment comes due and shall provide the Beneficiary with evidence of the payment of the same. <br /> <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part ofthe Trust Estate for an amount no less than the amount of <br />the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted). Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without <br />ten (10) days prior written notice to Beneficiary. Trustor shall furnish Beneficiary a certificate of insurance coverage <br />at Beneficiary's request, with a provision in such certificate that the insurer shall provide Beneficiary ten (10) days <br />advance notice of any cancellation of the policy at any time for any reason, or of expiration of policy without renewal <br />thereof. Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof so that, except for <br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the <br />Trust Estate. <br /> <br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, and ]ocal <br />environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or hereafter existing, <br />amended, supplemented, or supplanted relating to the preservation of the environment or the regulation or control of <br />toxic or hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary that there are no toxic <br />or hazardous substances or materials on or under the Property. Trustor does hereby indemnity and hold Beneficiary <br />harmless and any successors to Beneficiary's interest from and against any and all claims, damages, losses, and liabilities <br />arising in connection with the presence, use, disposal, or transport of any substance which is the subject of any <br />environmental law, regulation, or control of toxic or hazardous substances or materials on, under, from, or about the <br />Property. This indemnity shall survive reconveyance of the Property secured by this Trust Deed. <br /> <br />5. ACTIONS AFFECTING TRUST EST A TE. Trustor shall appear in and contest any action <br />or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all <br />costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which <br />Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner <br />provided in any of the Loan Instruments, Beneficiary and/or Trustee, in its own discretion, without obligation so to do <br />and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the <br />same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with <br />the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, <br />