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r <br />L <br />me-ws <br />85- •004764 Deed of Trust <br />THIS DEED OF TRUST is made this . 25 .— day of -aeplEmheL._ , 19 85. <br />Hosnitat . Tnr�_____ <br />by andbetweene Veri-ri� „ark, <br />whether one or more. (hereinafter called the —Trustor"), <br />whose mailing address is Web — "A4 GraxgL_jgl and • _H.ej -asks 6RAO.I —__ <br />NORWEST BANK Grand js.lal3�a _Nakl4Aa�� nation (hereinafter called the "Trustee "), whose mailing address is <br />E.9 and NORWEST BANK Qnal-A.%s9ciati94 (hereinafter <br />called the "Beneficiary"). whose mailing address is <br />WiTNESSETH: <br />IF THIS BOX IS CHECKED J J THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION <br />SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREA TES, <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 ._QNEAMREl2_ EIGHTEEN ._TH01L9AN1?__.AND —N4__I?D .1.AR S __ <br />Dollars IS �$.GQ9 _4Q_. ), which indebtedness is evidenced by Trustor's promissory note dated�jLteMlle3'_25, 19 $i.__ . (hereinafter <br />called the "Note'), payable to the order of Beneficiary and having a maturity of <br />NOW, THEREFORE. for the purpose of securing: <br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties. any future advances, and all extensions, <br />modifications. substitutions and renewals thereof, <br />(b) payment of all other sums. tee; 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 />fd) the repayment of all 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 />0 of which is hereinafter collectively ;railed the Indebtedness Trustor trrevccah)y grants and transfers to Trustee, in trust, WITH POWER <br />OF SALE, the following described property <br />EXHIBIT "B" <br />together with (i) all buildings. structures, additions, enlargements, modihccations repairs. reptacoments. and improvements now or hereafter <br />located thereon, (uY all equipment, machinery aria hxfures (including. without irritation, all iftlh:ing, heating, ventilating, cooling, air <br />conditioning, sprinkling and plumbing fixtures water anti power systems, enofines, boilers, ranges. ovens. dishwashers. mirrors and mantels, <br />carpeting, furnaces. oil burners, Oovafors and motors, refrigeration plants or rims, conlinunication systems, dynamos, transformers, electrical <br />equipment, storm and screen windows doors, awnings and shades; now or hereafter attached rot or nurir m. any building or improvement <br />now or hereafter located thereon. (,O all easements and r,gh.!S of way appurtenant thereto, i,v, all le-asvhcid estate. right, title and interest of <br />Trustor in and to all teases, whether now or hereafter existing or Petered into (including, without limitation, ail cash and security deposits, <br />advance rentals and deposits or payments of a similar r:at;re!. bertarnmq thereto, +v,, ail rents issues prohls and income therefrom (subject <br />to the right of Trustor to collect and is <br />apply suet; rents. sue ua <br />s, profits and comn as they become due and payable so long as no event of <br />default exists hereunder), ivi) ate royalties. mineral. (,d and gas igms and pr(ilr!s, water, water rights, and water stock ivri) all tenements, <br />hereditaments, privileges arrd Tapp: !!enances beionq,n(;. used o' eryoyi;( — connection !herewith. aria l vtu) all Proceeds of conversion, <br />voluntary or involuntary, of any of the lorega;ng into cash or ngu dared claim; rnn(Juding. without li.mrtattoe. proceeds of insurance and <br />Condemnation awards!. all of which Is hereinafter collectvely called the Tnrsr Properly ' <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, rROS fOR COVENANTS AND AGRFFS AS 1= OLLOWS <br />1 Title. Trustor covenants, warrants arid agrees will, Henellc,at,., IfS s;icces, ors and assigris. that Tri;stor owns rho Trust Properly free <br />from any prior hen or encumbrance. trial tars i %CeU of Trust is and w'i1 remain a val,d and enforceable first lien on the Trust Property, <br />that Trustor, at its expense. will preserve such title and will maintain !his Deed of Trf,sr as a first aria paramount lien upon the Trust <br />Property and will forever warrant and defend the vabdrty ann poonry of rDe Len riereol against the claims of all persons and parries <br />whomsoever. Trustor, at its expense, will cause this Deed of rrust, and each amendment or supplement hereto, to be filed and <br />recorded as a mortgage of the Trust Properry In such mania, and!'? such placid ant! will !eke such action as m the opinion of Trustee <br />may be required by any present or future taw In order to perfect, Ina ntavi and protect the ilea of this Deed of Trust. as the same may <br />be amended or supplemented from time to time Tiusror will make such further assurance or assurances to perfect its rifle to the Trust <br />Property as may be required by Beneficiary Trustor hereby relinqu,shes all right of dower and harnesteati in arid to the Trust Property <br />2. Payment of lndebtedneSS. Trustor shat! punctually pay the pnncipai of arid interest on the Indebtedness secured hereby. <br />3. Construction of Improvements. TruStor shall complete in good and workmanlike manner any buildings, improvement; or repairs retaling <br />thereto which may be begun on the Trust Property or contempiatoo by the loan evidenced by the Note secured hereby, to pay when <br />due all costs and liabilities incurred theretoro, and not to permit any construction lien against such Trust Property. 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 improverents prorriptly..h! to complete the <br />same it) accordance with the plans and specifications as approved by Beneficiary, let td comply with aft the terms of a building loan <br />agreement, if any, between Trustor and Beneficiary, the terms of which afo incorporated herein by reference and made a pan hereof <br />id) to allow Beneficiary to inspect the Trust Properly at afl times during construction and (e) to replace any work or matenais <br />unsatisfactory to Benshoiary within fifteen r 15) days after written notice from Beneficiary of such fact <br />i. Funds to Payment of Charges. Subject to applicable law or to a written waiver by aeneticiary. Trustor shall pay to Hentilw1dry on the <br />first day of each mohtll, of such other date each month as may be specified bv Henefw,aty, unfit the Indebtedness is paid in full, a sum <br />Ihereenalter called the 'Funds ") equal td f 12th of the yearly taxes and assessments which 'Play attain priority over this Oeeid of Trust <br />and ground rents on the Trust Property. if any plus 1 I th of the yearly premium rnstaliments for hazaW insurance. plus 1 t2th of the <br />yearly premium rnstamments lot mortgage insurance, if any. ail as reasonably estfrnated Initially and from time to tune by Beneficiary on <br />the basis of assessments and bills and reasonable estimates'here ), The Funds shall be heir! in an Institution, .the deposits or <br />accounts of which era insured of guaranteed by a federal or state agency ,nciucvng Benafrciary Beneficiary shat,, apply the Funds to <br />pay said taxes, assessments, insurance prennumS and ground rents Lienehcrary shall nul be requited to pay Trustor any interest of <br />owning$ on the Funds, Berreficlary shall give to Trustor, without charge an wino 31 accounting of the Funds hnwinq ("'edits anif <br />deb RS to the Funds and the pilptinse 10 which each debit to the Funds was r..aae %he funds are pledged as addd,lonai securely iro <br />the indebledno"s Secured by this Deed of Trust It the amount nl the Iwrds held by Heneet'Clary. together with the future! rnonthty <br />,nsfaltmarats of Funds payable prier ro the lfue dates of taxes. assessments, vu(poio( prernurms and ground rents, Rha6 c;scfe,f B,e <br />W"Ount re4GSred to ploy said rases, aYSe!Sd61nefatS, insurances life" 'inns tend )round rents as IheV tail due, Sue:" e =c( 9s°, shalt be ..e <br />Trustof S opium, mrft", proflpity repaid to fru.woy or (:redJed to !l1i'vnr ii9wnst future motlMiy urStieNniecrrts (rl f -twos il the a"'Toi ,,r;,r <br />the Fiends heft} by Henefifv try shah runt be sufficient it, hay taxes, assexsmer r urar ,_ � =, "maim¢ ariit tife r(1 ",!;IN ti : ,it; ,* <br />1ruator ihxtY pray to {�.garrefra:(erry any rink'xxnt nec ionsary to ",ake tit' the (re?w,w!( V »,thee tr-!Y trio) t ,;ni vu> <i.ere .,, .... <br />Herwfwre!'y fc, Trnsl: ?r rtktila,renq e'ayrntior thetar_>f Ilixln Uayr ie w f,di ,, gr itJ,r. irn,f c ,,, F+..,,, - ,r.r�l si?.i. ,_ � r.,;,• y <br />usecv any i un(fa tMltt try elegy ief :oat} if fit(? 1'1i t P"'pe. y .'it ti c w ., t <br />Ly fiwrrrg wry. tie r of -,,uy r iii. tort Y. t er} e a iy t re<v r. tic.. 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