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MW_ 1080 Deed of ,rut <br />SAhJtC� r-` ..wr. <br />Triad Properties Limited <br />THIS DEED OF TRUST is made this __.34 _— day of January tg 87 . by and between Partnership, By r+ rt <br />Investments i Oj'�nrati.on, General Partner whether one or more. (hereinafter called the "Trustor ), <br />whose mailing address is _ P .4, Sox 1$$, Alda Nebraska 5$$14 <br />NORWEST BANK .Mehra a Nat i ono +,. AGggs is r i ern thereinafter called the "Trustee "), whose malting address is <br />and NORWEST BANK Nebraska. Association _ • (heseirta%ter : <br />called the "Beneficiary"), whose mailing address is P.D. Sox 8, rrand Ts! and Nebraska <br />WITNESSETH <br />IF THIS BOX IS CHECKED j 1 THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION <br />SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES. <br />GRANTS AND CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY <br />DESCRIBED HEREINBELOW <br />WHEREAS. Trustoris indebted to Beneficiary in the principal sum of SEVENTY SZX nmusAtsFi <br />Dollars (S 76_ tent] On , ), Which indebtedness is evidenced by Trustor -s promissory note dated JAnuary -30 , Ng BL__ rheremaffer <br />called the "Note") payable to the order of Beneficiary and having a maturty of Febry_ aaiz <br />NQW. THEREFORE, for the purpose of securing: <br />(a) payment of the Note, together with interest thereon, fate charges. prepayment penalties, any future advances, and all extensions, <br />modifications, substitutions and renewals thereof, <br />fb) payment of aft other sums. fees or charges. together with rntrvrest thereon_ .advanced to protect the secunrl of this Deed of Trust and <br />Me performance of the covenants and agreements of Trustor whether or not set forth herein. <br />lcl performance, discharge of and comDfiahce with every term, covenant obogarm and agreement of Truster contained herein or <br />neorporated by reference or any other secunty instrument at anytime giver to secure the Note. and <br />to) the repayment of all other sums or future advances. with interest thereon, which may heretofore have been or hereafter be advaomd' 3 _ <br />by Beneficiary to Trustor or Trustor's successor in interest or tide. <br />all of which a hereinafter collecfivety gaited the Indebtedness ", Trust ?r;nevocatxh grants and. transfers to Trustee, in twt, WITH POWER <br />" OF SALE the fallowing described property <br />LOT FIFTEEN (15) IN ARCO SUBDIVISION, AIDA, IN <br />SECTION FIVE (5) TOWNSHIP T (10)., NORTH, RANGE <br />TEN (1 0) WEST OF THE 6TH P_ M. , HALL COUNTY, NEBRASKA <br />�r w h hi all buildings. structures, addrtions, enlargements- mod - epars, repeacerasents, and improvements how orfer <br />k7Ca[L4d thereon. Inn ail equipment, machinery and fixtures (including, withoutYnin, lion, at- figfhhhg. heating, . venbtating, cooling, air <br />cbfa orrang. sprinkling, and plumbing fixtures, water and power systems, erngres, bolters. ranges. ovens. dishwashers. manors and <br />carpeting, furnaces, oil bumers. elevators arc motors. refrigeration plants or units, communicabon systemsi dynan ids, transformers, <br />aiecmaf <br />orient, storm and screen windows, doors, awnings and shades, now or hereafter attacnee to, or built in_ any ouilding or iFnNr� <br />ranvim hereafter located thereon. (kit atf easements and rights of shay apounera.t neretc a sI - asiehoid estate: right. , trod Est <br />at <br />Trim, rn and to all leases. whether now, or hereafter existing or entered into tarr within? hinlatxun_ arlf cash and security deposits, <br />advance rentals and deposits or payments of a si rmlar raa get, pertai tgMer ! er La?t profits nd income tfreth ra _ <br />tirthe ngnt of Trustor to coolest and apply S -uc r: rents: sues. profits and _azictvirre as they become due and payable fo long as rr erg of <br />exists hareunderi. Iva) all royalties, r. uneraf. oil and gas rights and tuo#rts, water. water rights, and water stock, (v am �, <br />laments. privileges and appurtenances belonging, used or enjoyed in conned m€?rewith, and fvrii� all pn)CeedS0( con�. zi <br />VahaVary or involuntary, of any of the foregoing rnro cash yr houtdared claims imckiding, wrfraout !x n fa ldrt, proceeds of a araricce arts <br />,nation awards,`. all of which is hereinafter cotlec7vety ca.tfed the "Trust ProPrfy' <br />TO`PROTECT THE SECURI Ty OF THIS DEED OF TRUST. TRUSTOR CO'IENANN T S AND AGREES AS FOLLOWS: <br />t Tie, Trush.,,: covenants. warrants and agrees wu-. Beneficcaay lls su,-> orss and assigns. that Trustor c*wns Thant . yr free <br />'tom any pnot (ten or encumbrance, that this Deed of Trust rs and weft remarn a vaad anc enfprceabte hrst _ten on the Tn, st Pry, <br />that Trustor, at its expense, will preserve such trite and w r mamrairt -fus Dees of Trur- as a first and paramount lien upon the zxnt <br />Property and will forever warrant and defend,-,.- vakdify and Or r fy ,f Ire ;ter thereof agar st Ire c#auns of parsons arid- pares <br />whomsoever Trustor, at its expense. will cause this Deed of Miisr, and each arnerna9ment or supplement heretic, to be WV afro <br />ecorded as a rtrcrtgage of the Trust Propem= rn sucfT -Hanna, and in such plaac,e and wiff take suc , action as it, Me opinion of Trustee <br />may be required by any present or future law it order €o perfect, maintain and paotecr the fleas of rhos Deed of Trust as the sa =nersfay <br />' ,e amended car sa.pcir`'emerted from x me ro time. Trustor wili make such wittier assura=nce or assurances- v perfect rtS toe to the lilts( <br />Property as may be required by Beneficiary_ Tft;stor hereby reanGtnshes ark right -of dower anti homestead in and to :7 e Trust ProperiNr <br />Payment of indebtedness T -usfor shad punctuaify pay the principal of anct interest on hoe Indebtedness secured hereby. <br />3: Construction of Improvements. Trustor shalt complete :n good and worhrnantike manner any iaaaid.igs_ improvements or repairs <br />thereto -which may be begun an the Trust Property or contemplated by fitie *aan evidenced by the Note secured hereby. to paY when <br />duet ail costs and liabilities recurred therefore. and not m permit tray cons action agarsf such Trust Property_ fh the event <br />construction of buridmgs, improvements or repairs are contempiabed. Trustor also agrees_ anything in this Deed of Trust to the cormary <br />notwithstanding, tap to promptly commence any such work and to complete the proposed improvements promptly, lb,I tg compiete =tie <br />same :n accordance with the plans and specifications as approved by Beneficiary. ici to compiv with ail the terms of a building joan <br />agreement, ,I any, between Trustor and Beneficiary. me terms of which are incorporated herwrrr by reference and -male a polo :€wee# <br />tdi to allow Beneficiary to aspect the i ust FmDertai at air tines during corsy ucticn,- arc e; To replace any work or materials <br />urasatrs'ac €o}y to Beneficiary within fifteen t lEi days afte- wraate -7 nc€ =ce farm Seven a r v' surrn fact <br />4. Funds tor Payment of Charges. Subieci to app &cable taw or m a written waiver by Beneficiary, Trustor snalt pay ter tier si na =y orr the <br />first day of each month, or such other date each rntynft as may tie specified by Beneficiary, until the Indebtedness Is paid in tag, a sum <br />r erernafter called the "Funds ;t equal to r 12M of f e yearly faxes and assessrrerts »lxch may a7afn Z:rK±rlty_0 r this_D rtu# immasL- <br />and ground rents on the Trust Property, if any. plus 3 32th of the yeadv orenrn m insraai-rwntc tert>a�arrt_m r e -,a sp r_ to r,n_rn,� - <br />yearly premium instailments for mortgage Insurance. if any. ail as reasonably estimated initially and from time to time by BeneferaT or <br />one basis of assessments and balls and reasonable estimates thereof The Funds shah be herd in an rnstrti tian. the deposits or <br />accounts of which are insured or guaranteed by a faderai or state agency including Beneficiary. Beneficiary snail aTaply the Funds M <br />Pay said taxes, assessments, insurance premiums and grtaund rents. Beneficiary shale +tor be required to pay Truster airy ¢nt ores€ €rr <br />earnings on the Funds Beneficiary shelf give to Trustorr, without charge, an annual accounting of the Funds showing credits and <br />debits tp the Funds and the purpose for which each debit to the Funds was made <br />The Funds are pledged as additional hZ <br />the indebtedness secured by this Deed of Trust Ir the amount,!! the Funds netd try Beneficiary together w,:h the Anure rno ^th4- ` <br />instaltrMents of Furids payable prior to the due dates ar -taxes, assessments, =assurance premiums and ground rents swatI arc :c ego ter <br />amoullf required M pay sand taxes, assessments. )nsuran&e premiums and grorr;c rents as They fat; que s Ch L x Y4?s 4 " `�., <br />t usfor's dlXton, either Oromptfy repaid to trusfor r credited I Trustor aria st f rtu morntraiy iiistartmen #s 0, Fun-'s .'a the arrnoa.a, tt ct <br />the Funds hell by Beneficiary shaii rc+ be sufficient to imv taxes assessment, s a e N -in nrs ar =,c , rr <br />us"itr wiall pay to Beneficiary any aincaurit ^rec.'essarr to m<cka up Lhe deft aril.,, ,+• t*zx n -fr, t.�a s - m n, afn -,Err .> , - .. <br />fit get :try fa Truslor requesting r aymr nt f +,fir UPC-, na ,.en re ft. cf ai <br />xr G s. 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