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BANifS 86- 102324 weed of gust <br />THIS DEED OF TRUST is made this _li— day of . Apri1 , 19 -86-, by and between Rob--err— B— Lenners__and____ , <br />I Hildamae C. Lenners, husband and wife whether one or more, (hereinafter called the "Trustor"), <br />whose mailing address is_3014_Stinfl —er nri e- -Crand Tsland, <br />NORWEST BANK Nehraska, gatinnal AaanCiAtjOn _ ___ __ (hereinafter called the "Trustee "), whose mailing address is <br />P_O_ Box 176R_ Grand Taland_ _NF. __, and NORWESTBANK _Nehra k _Nation3l- _Associ- tJnn__..._, (hereinafter <br />called the "Beneficiary"), whose mailing address is _- P- 0— gbx176R,_Grand Tgl and_,___r]Qhra <br />WITNESSETH: <br />IF THIS BOX IS CHECKED ( j 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, Trustor is indebted to Beneficiary in the principal sum of PLFTY - 'HQUAND_AM, 1y0/100 ---------------------- <br />Dollars ($ 50. QOO - 00 _ ). which indebtedness is evidenced by Trustor's promissory note dated _-_ Apr! "5_. , 19 (hereinafter <br />called the "Note "), payable to the order of Beneficiary and havi a maturity of March -1 __.__. , <br />NOW, THEREFORE, for the purpose of securing: <br />and aQl extensions and renewals thereof. <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 />(b) payment of all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and <br />the performance of the covenants and agreements of Trustor, whether or not set forth herein, <br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of Trustor 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 alt other sums or future advances, with interest thereon, which may heretofore have been or hereafter be advanced <br />by Beneficiary to Trustor or Trustor's successor in interest or title, <br />all of which is hereinafter collectively called the "Indebtedness ", Trustor irrevocably grants and transfers to Trustee, in trust, WITH POWER <br />OF SALE, the following described property: <br />LOT ELEVEN (11) MEADOW LANE THIRD SUBDIVISION <br />HALL COUNTY, NEBRASKA <br />together with (i) all buildings, structures, additions, enlargements, modifications, repairs, replacements, and improvements now or hereafter <br />located thereon, (ii) all equipment, machinery and fixtures (includnng, without limitation. all tighhng, heating, ventilating. cooling, air <br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers. ranges, ovens, dishwashers. mirrors and mantels, <br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos. transformers, electrical <br />equipment. storm and screen windows,doors. awnings and shades) now or hereafter attached to, or built in. any building or improvement <br />now or hereafter located thereon. (iii) all easements and rights of way appurtenant thereto, (iv), all leasehold estate, right title and interest of <br />Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits, <br />advance rentals and deposits or payments of a similar nature), pertaining thereto, (v) ail rents. issues, profits and income therefrom (subject <br />to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and payable so long, as no event of <br />default 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 />voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without bmitation, proceeds of insurance and <br />condemnation awards), 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 />1. Title. Trustor covenants, warrants and agrees with Beneficiary. its successors and assigns, that Trustor owns the Trust Property free <br />from any prior lien or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Property, <br />that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a first and paramount !ten upon the Trust <br />Property and will forever warrant and defe ,d the validity and priority of the lien hereof against the claims of all persons and parties <br />whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto. to be hied and <br />recorded as a mortgage of the Trust Property in such manner and in such place and will take such action as tin the opinion of Trustee <br />may be required by any present or future law in order to perfect, marntaun and protect the lien of this Deed of Trust. as the same may <br />be amended or supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust <br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the Trust Property. <br />2. Payment of Indebtedness. Trustor shall punctually pay the principal of and interest on the indebtedness secured hereby <br />3, Construction of Improvements. Trustor shall complete in good and workmanlike manner any buildings, improvements or repairs relating <br />thereto which may be begun on the Trust Property or contemplated by the loan evidenced by the Note secured hereby, to pay when <br />due all costs and liabilities incurred therefore, and not to permit any construction ben against such Trust Properly. In the event <br />construction of buildings. Improvements or repairs are contemplated. Trustor also agrees. anything in this Deed of Trust to the contrary <br />notwithstanding; (a) to promptly commence any such work and to complete the proposed improvements promptly. (b) to complete the <br />same in accordance with the plans and specifications as approved by Beneficiary. (c) to comply with all the terms of a building loan <br />agreement, if any, between Trustor and Beneficiary, the terms of which are Incorporated herein by reference and made a part hereof, <br />(d) to allow Beneficiary to inspect the Trust Property at all trines during construction and Ie) to replace any work or materials <br />unsatisfactory to Beneficiary within fifteen (15) days after written notice from Beneficiary of such fact. <br />4. Funds for Payment of Charges. Subject to applicable law or to a written waiver by 13enotic,ary. Trustor shall pay to Benetrrlary on the <br />first day of each month. or such other date each month as may be specified by Beneficiary, unN the indebtedness is paid rn full. a suns <br />(hereinafter called the "Funds`) equal to 1 12th of the yearly taxes and assessments which may attain priority over this Deed of Trust <br />and ground rents ca the Trust Property, if any, plus 1 12th of the yearly prentium instalbnents For hazard insurance. plus 1 12th of file <br />yearly premium installments for mortgage insurance, if any, all as reasonably estimated initially and tram time to tone by Beneficiary on <br />the basis of assessments and bills and reasonable estimates thereof The Funds shall be held in an InslrtuPon. the deposits or <br />accounts of which are insured or guaranteed by a federal or state agency including Beneficiary. Beneficiary shall apply the Funds to <br />pay said taxes, assessments, insurance premiums and ground rents Beneficiary shall rust he roquirecf to pay Trustor any interest of <br />earnings on the Funds. Beneficiary shall give to Trustor, without charge an annuai tic nunfinq of the Foods showing cret'its and <br />\ <br />debits to the Funds and the purpose for which each debit to the funds was made 'he i one/ti are pled jcd as acid uona! sccirnty Mr <br />the Indebtedness secured by thrs Decd of Trust If the amount e! hr funds herd by i #rte ilcia y together with the future rnonthiy <br />Installments of Funds payable ono to tho clue dates of taxes rasse smenfs nsurana e ittermurns lnd qmu rid rents J afl i *(.e ea Cie <br />amolwf required to pay said taxes assessments. lnsur tnc e p,wniums and q.,ouna e nts :is t e I, 1,V! cYi ie. s ,c ri c're .: ss �:ha i t o at <br />,h <br />frl ;Star s orittw' 1 ether ft )raptly repaid to Ir ,tit rill cre(lltf i tf' I ust(r )q,ln r fu! 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