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S'e.r 10 4 2 3 2 t CONffMW IAM <br />tower l new for the pep— of at"WE lahpwvm"Mo <br />DEED OF TRUST -do Ina tt.ole In w" l" consk"on bvw* <br />Wool Is afoul. <br />THIS DEED OF TRUST. mods thin 9th dray of July , 19 87 , bdtw*M <br />aTn der. The Muffler Shop, Inc. <br />aTrseMs,mad FirsTier Bank, N.A. <br />a FirsTier Bank, N.A. <br />'NIT'N�E771: <br />ThatTealsth ovesablygrant, itmoshmandsasm> igMtoTewMsin trust, withpowsrofeal % the feilowingdealrobed pope ty: <br />Lot Four (4), Block Eighty Two (82) original town, now <br />City of Grand Island, Hall County, Nebraska <br />together with all interest which Truster now has or may hereafter acquire in and to said property and in and to: (a) all ease• <br />aunts and rights of way appurtenant thereto; (b) all tenements, hereditaments, buildings, structures, improvements, fixtures, <br />equipment, furnishings and appurtenances now or hereafter placed thereon; (c) all leasehold estate, right, title, and intereatof <br />Trudor in and to aN lease or @%biomass thereof or any portion thereof now or hereafter existing or entered Into, and all right, <br />title, and interest of Trostor thereunder, including, without limitation, all cash or security deposits, advance rentaM, and de- <br />posits or ayments of similar natu% and (d) all mineral, oil, gas rights and profits, water, water rights, and water Nock. <br />TruNor agrees le execute and deliver, from time to time, such forther instruments as maybe requested by Beneficiary inform <br />ad eabstance md4fielory to Ssnoikiery to confirm the Neu of this Dead of Trust on any o f the afere "too d property. The <br />property me lxnveyad to T Us hermader is hsrelnaAsr refirrsi to of "each property ". <br />The Truster absolutely and irrevocably grants. traasbrs and swim to Boneficim the rests. imwms, lame. and profits of <br />asst peepsety osvaad h toe Ilssd of Teat <br />FOR THE PURPOSE OF SECURING. <br />I Payment of the principal of Thirty Five Thousand One Hundred Forty Five and 44/100 – <br />($35,145_441 nollarw <br />evidenced by the certain promissory note dated of even date herewith (hereinafter rafared to pre the " Promissory Note") <br />Issued by FirsTier Bank, N_A_ <br />in said amount and payable to the order of Beneficiary metering on January fie 19RR <br />' <br />together with htteresl tlaeeson. late charges, and preaymet bemuses acewdiag ts thetomw o f Um Promissory Notre and sm <br />reswats, oatenelar", and meditkaWms thereof. <br />E Performance, discharge *fond compliance with every obNgatian, covenant and agreement of Truster incorporated by ref- <br />eeence w contained herein win any other security agreement or deed *(trust at any time given to secure any Indebtedness <br />booby seem or any port thereof: <br />* Payment of all fa ms and charm of BeoSciay or Teo loo. whether or not set forth herein. <br />TO PROTECT THE SECURTTT OF THIS DEED OF TRUST. TRUSTOR COVENANTS: <br />TITLE: That it's lawfully seized and possessed of s good and indefessible title and estate to all efsuch property in feeelmple <br />free from any prior Jim or encumbrance, has good right and lawful authority to convey the same., and will forever warrant and <br />a Is A the Rile therein against the claims and demands o f aN gorses whosoever. that it wK stits expose, maintain and pre• <br />som the Non of this Deed of Trust as a first and paramount Has am mock property. <br />MAINTENANCE: To keep such property in wood condition and repair, to complete or restore promptly and in good and <br />workmanlike manna any building which may be constructed, damaged or destroyed thereon and to ay, when dus, all claims <br />for labor pakrmed and materials furnished therefor and fir any alternations thereof, to comply with the provisions of all <br />iaaaraece p nil elae covering amid premises, to comply with all , ordphaneda, regu{atione, rnwnants, oanditioue and restrict <br />Roe affecting each property. not M remove, or materially aster any building. at the ch artctsr er pre thereof st any <br />lima thereon; nut todrip or extroctnor to permit the drilling tororextraction *foil. gee orother hydrocarbon substances, water, <br />or any mineral of any kind unless the written consent of Beneficiary is had and obtained; not to commit or permit any waste <br />Nsnst er any act upon much property in violation *flow. to der aU Other acts in a thusly and props manner which from the <br />dwedw er pre of wets property may be msona* nomswy ts protect and prsssnsaid secority, theepsclfk mmmoratisns <br />haohn ad saddhhg the lateral <br />CONSTRUCTION OF IMPROVEMENT'S: To complete in good and workmanlike manner any haildinw or improvement or <br />repair ranting thereto which may be begun on such property or contemplated by the loan secured hereby, to ay when due all <br />casts had liabilities incurred therefor, said not to permit any mechank's lion against each properly. Ttustor oleo agrees, any. <br />thine in Rnis beet of Trod to the contrary notwithstanding; (a) Is promptly commence work and to complete the proposed bm <br />irampety, lM to compiele sane in accordance with plans and epeciAcations an approved by tie adary. (c) to em. <br />ply with *8 o f the evme of any WWog tan agreement between Truster and Beneficiary, the tams of whkh are incorporate <br />herein by rvferrmre to the same extent w if fully sat firth herein and made a art of this 11►ed of Trost, (d) to alto* fleneficiary <br />e„ <br />to inspect each property at ail tines daring construction, and (e) to repiace any work at materials unsatioractory to liens <br />Aciwy, within fifteen t s,% days after written notice from Senditlwy of loch fact, which notice may be given to Trumor by new. <br />islersd or aasrtiAsd mast, sat to his last known addrsee, or by personal sawko of the cams. <br />