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1 <br />IF THIS BOX IS CHECKED ( WITNESSETH: OF TRUST CONSTITUTES A CONSTR <br />SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LiEN ACT AND UCTION <br />GRANTS AND CONSTITUTES A CONSTRUCTION SECURITY INTEREST iN THE PROPERTY <br />DESCRIBED HEREINBELOW. <br />WHEREA.,SF Trrusrof is indebted to Beneficfary,n the principal sum of TI TY�F'IVE 1i�I]SANp p pp 100 ___ ___ <br />Dollars (S ), which indebtedness is evidenced by Trustor's promisso note dated .L��RS- <br />called he "Note "), payable to he order of Beneficiary and having a maturity of _- Xay_U__ , v 7 ,g -SZ (hereinafter <br />NOW, THEREFORE, for the purpose of securing: <br />- �G.�_-_ - -- <br />(a) Payment of fhe fete• Lions a n wren interest hereon, late charges, prepayment penalties, any future advances, and all extensions, <br />+r�hceUwas, subsbttrtions and renewals thereof, <br />(b) payment of alt other sums• tees or charges, together with interest thereon, advanced to protect the security of this Deed of <br />the Performance of the covenants and agreements of Truster, whether or not set forth herein, Trust and <br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of Truster contained herein or <br />incorporated by reference or any other security instrument at anytime given to secure the Note, and <br />(d) the repayment of all other sums of future advances, with interest thereon, which may heretofore have been or hereafter be advanced <br />by Benellc /ary to Trustor or Tnrstor's successor in interest or title, <br />off of which is hereinafter coAfecbvety called the "Indebtedness", Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER <br />OF SALE, the t0Howing described property : <br />Wr 17, RAVE NWDOD SUMIVISICN <br />HALL MM Y, N RASKA <br />"VW with (i) aN buildings, structures, additions. enlargements, modifications, repairs, replacements, and improvements now or hereafter <br />located hereon, (ii) all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air <br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers. ranges, ovens, dishwashers, mirrors and mantels, <br />Carpetmg, furnaces, oil burners. elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical <br />equipment, SWm and screen wmdows,doors, awnings and shades) now of hereafter attached to, or built in, any building or improvement <br />now Of hereafter located thereon, (iii) all easements and rights of way appurtenant hereto. (iy), all leasehold estate, right, title and interest of <br />Truster in and to alf looses, whether now or hereafter existing or entered into (including, without limtratrwr, all cash and security deposits, <br />advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) all rents, issues. profits and income therefrom (subject <br />to U» right ts ereun ro ),(Pict and spies such rents, issues, profits and income as they become due and payable so long as no event of <br />delauft exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and water stock. (vii) all tenements, <br />hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii; all proceeds of conversion, <br />condemnation voluntary Of involuntary, of any of the foregoing into cash or liquidated claims (including, without iimilatior,, proceeds of insurance and <br />&wards). all of which is hereinafter collectively called the "Trust Property <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS. <br />I. Title. Truster covenants, warrants and agrees with Beneficiary, its successors and assigns, that Truster owns he Trust Property free <br />from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first dins on the Trust Pro prty, <br />Met Truster, at its expense, will preserve such title and will maintain this Deed of Trust as a first and paramount y e <br />en upon the Trust <br />Property and will forever warrant and defend the validity and priority of the sera hereof against the claims of all persons and parties <br />recorded whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or Supplement hereto, to be filed and <br />as a mortgage of the Trust Property in such manner and in such place and will take such action as in the opinion of Trustee <br />be amended may be requ+rnd by any present of future law in order to perfect, maintain and protect the lien of this Deed of Trust, as tits same may <br />OF Supplemented from fume to r lima. Trustor will make such further assurance or assurances to perfect its title to the Trust <br />Property as maybe required by Beneficiary. Truster hereby reNinquishes all fight of dower and homestead in and to the Trust Property. <br />2. Payment of Indebtedness. Truster shall punctually pay the principal of and interest on the indebtedness secured hereby. <br />3. C4ns&WhOn Of JmPfOveMeWs. Trusty shall corn <br />which ma be R%ete in �d and werkmeraylce manner any buildings, improvements w repairs relating <br />Y begun era the Trust Property or contemplated by the loan evidenced by the Note secured hereby, to pay when <br />due V costs and y s incurred its ofre, and not to - ermit any construction lien against such Trust Property. In the event <br />action W s, improvements er repairs are contemplated, Trustor also agrees, anything n this Deed of Trust to the same In t (e) ro Promptly l commence any such work and to complete the proposed improvements promptly, (b) to complete the <br />name m accordance with the plans and specifications as approvad by Beneficiary, (c) to comply with all the terms of a building loan <br />(d) too agreement, d any' between Truster and Beneficiary, the terms of which are incorporated herein by reference and made a part hereof, <br />inns I i inspect the Trust Property at all times during construction, and (e) to replace any work or materials <br />ro ions within fifteen (75) days alter written notice from Beneficiary of such fact. <br />4. rot P a cn . Sublect to applicable cmo few w to a written waiver by Beneficiary, Truster she!l pay ro Beneficiary err, the <br />t deY ll month, the w such other dole &soh month as may be specified by Beneficiary, until the Indebtedness is paid in full, a sum <br />and ground c Use "Funds ") squad to 1 i 12th al the yearly taxes and assessments which may attain priority over his Deed of Trust <br />renis are the Trust Property, if any. plus 1; 12th of the yearly premium installments lot hazard insurance, plus I ! 12th of the <br />s for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Beneficiary on <br />of and reasonable estimates her�f The Funds shall be hold in an institution, the de <br />6Y Sod h or by a f w state agency including iar s Beneficiary. Beneficiary shall apply he Funds to <br />t "' ® s ant! ground rents. Beneficiary shah rrof be required to pay Truster any interest or <br />s On Me Funds Boneficrary shelf give to Tiustw, without char <br />dobft <br />ro F tae Be, an annual accounting of the Pointe showing credits and <br />purpose whk;h each debit to the Funds was made. The Funds are pledged as additional security, for <br />Pay by z ot Trust. If the amount of the Funds hold by Beneficrary, together with the future se<rrhdy <br />ot F pry 10 the due dates of faxes, sssessmon1s, insurance premiums grad ground routs. shall soy Uae <br />to My said taxes, assessments, insWarak;® <br />Tr t repaid ro T PMM'ums and ground rents as they fall due, such eXCe5S Shah be, at <br />the F or Cr Y to Truster against future monthly installments of Funds- If Uar irmoun! nl <br />T wary . r" be sufttCiont to pay taxes, a95e5'sMants, insurance prem urns and groi nd rents a': fenny lilt of <br />fray ka grey arrxaawat neasary ter mike Up the dent) <br />h Truce roes p& rsakprat rrcy within U its days ,rom the data nolic o ,q "nailed fin <br />1 airy Fat7ts rsegd t y it l) payment ima in f! Fi if ay lradenedraess, 3enehk;rary slue f lanrnapyy felurnr to <br />ry the TPUriP ipr laxrrty is cit<r reenter fire power of sale w thy rnrst pfelowrty s Utharrt iska ie4uvi„l <br />b6' may.WW app }y ti inwhol <br />sir try f ur r y et finio kg ec I'rrrxa err U� �!e r_rt Nee irri,af F'r!IPnarty ... ii riatu vt, fir by 11k rphriarH r it %;inns <br />at ir* ,' v a fit. at a{,)arr:; F Herr trldeWecPrrer,v 6i edonwlr_. ti>y r.,e -r ,rtes ,.r ,r +,rt a H,,,ccr - / lit:+Pr +r <br />t•�`5 ra5t�ir �, 1nrtH.xr e1CrY <br />rartr5 and 54drags Popov, h9rrr! e Vf" "Pow i of ,;mil i414ratvk?i f <br />