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r <br />85-- 003119 <br />DEED OF TRUST AND ASSIGNMENT OF RENTS <br />THIS DEED OF TRUST AND ASSICNMENT OF RENTS ( "Deed of <br />Trust "), is made as of the 13A day of June, 1985, by and <br />among GRAND ISLAND MALL, <br />partnership ( "Trustor or Debtor"), whose mailing address tis <br />C/0 Meredith Organization, Inc., 99 Park Avenue, New York, <br />New York 10016, JOHN BROWNELL ( "Trustee "), whose mailing <br />address is 231 S. Locust St., Grand Island, Nebraska 68801 <br />and MAINLAND SAVINGS ASSOCIATION, a Texas corporation <br />( "Beneficiary ") whose mailing address is 3401 Al en Parkway, <br />Houston, Texas 77019, <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably <br />transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, <br />under and subject to the terms and conditions of this Deed <br />of Trust, the real property, located in the County of Hall, <br />State of Nebraska, and described as follows (the "Real <br />Estate "); <br />Lots One (1) and Six (6), Grand Island Mail Sixth <br />Subdivision in the City of Grand Island, Hall <br />County, Nebraska. <br />TOGETHER WITH, all buildings, r ".fixtures and improvements <br />upon the Real Estate, whether now or hereaiter existing, all <br />tenements, way, easements, rents, issues, profits, income, <br />hereditaments, privileges and appurtenances <br />belonging, used or enjoyed in connection with the Real <br />Estate, or arty part thereof (subject, however, to be the <br />right, power and authority of Trustor to collect and apply <br />such rents, issues, profits and income as they become due <br />and payable, sc long as no default exists hereunder) and all <br />proceeds of conversion, voluntary or involuntary, of any of <br />the foregoing into cash or liquidated claims, including, <br />without linztation, proceeds of insurance and condemnation <br />awards, all of which collectively is hereinafter referred to <br />as the "Trust Estate ", <br />FOR THE 1?URFOSE OF SF:CUR 1-iG; <br />(a) Payment of indebtedness in the original <br />amount oz principal <br />SEVEN MILLION TWO HUNDRED THOUSAND <br />DOLLARS <br />evidenced <br />A <br />($7,200,000.GO), ND NO /100 <br />with interest thereon, as <br />by that <br />certain promissory note of even date <br />(the "Note ") with a maturity date ,uly <br />executed <br />delivered <br />of 1, 1992, <br />by GRAND ISLAND MALL, LTD,, which has been <br />and is <br />ar.d which <br />payable to the order of Beneficiary, <br />by this reference is <br />of Trust, <br />and made a part of this Deed <br />(b) Payment of all sums advanced by beneficiary to protect <br />the Trust Estate, with interest thereon at the default <br />rate provided in the Note. <br />This Deed of Trust, the Note, and any other instrument <br />given to evidence or further <br />performance of dr,y Obligation securecuerebyhcare referred to <br />collectively as the "Loan Instruments ". <br />TG PROTECT THE SECURITY OF 77HIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS, Debtor rP�,a1i pay when <br />due the pr nc pa i� arac, !: aN merest on, the indebtedness <br />evidenced by the Note, �,"c: all other charges, tec, ataci all <br />other sut:. it €t providedf ,in the LC)Pil: ?nstrument;;, <br />N <br />7 <br />