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N-WQ85--- 004868 Deed of Trust <br />THIS DE D OF TRUST is made this 7n d_— day of — Qrtnhe.r_ , 19 _.85_ , by and between Petra _e Ranchu , <br />A �i n a e PQ on whether one or more, (hereinafter called the "Trustor' "), <br />whose mailing address is .._124 fit_ ] 1Lh_StreQ ,SiC�tid_LSldrid�.Nebraska 6880 <br />NORWE T BANK —p) Ni1LI0NAL_AS$OLLA�LOt�I - - - - -- (hereinafter called the ..Trustee "), whose mailing address is <br />R 0 _1 fib. _6r3nd_. s�and;de a__, and NORWEST BANK ��-ras-k 1 Ac �QQ��-- (hereinafter <br />called the "Beneficiary'). whose mailing address is �,.4_ �4)S ._1Z6$.,_ E? rand glebra �1— - <br />WiTNESSETH. <br />IF THIS BOX IS CHECKED f 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 ___Ei_ght.ShDmSM _E1SJh Hw1d►— p QD1j00 - -- <br />Dollars (1$800- 0____ ), which indebtedness is evidenced by Truster's pro rrti sory gote dated t4�g% 19, _(hereinafter <br />called the ­Note'), payable to the order of Beneficiary and having a maturity of _ryOVe_If_ber___! -_,, <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, fee &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 all other sums or future advances. with Interest thereon. which may heretofore have been cr hereafter be advanced <br />by Beneficiary to Trusror 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 in\ Block Eight (8), Boggs & Hill's Addition to the City <br />c,Sixteen l(16), <br />together wish )i) all buildings, structures, addnt m% *Nn 19LIMWAs, modiltc lions, tppaxs, re}�1aCemtnts, anti IMPIOVbnten% 0W Bt hBte2her <br />located thereon, (it,' all equipment, machinery and fixtures inncludmg, without limitation, all lighting. heating, ventilating. cooling, air <br />condirroning, sprinkling and plumbing fixtures, water and power systems, engines, boils, ranges, ovens, dishwashers, mirrors and mantels, <br />carpeting, furnaces, oil burners. elevators and motors, refrigeration plants or units, communication systems, dvnamos, transformers, electrical <br />equipment, storm and screen wmdows,doors, awnings and shades) now or hereafter attached to, or burlr in, any building or improvement <br />now or hereafter located thereon. fill) all easements and rights of way appurtenant thereto, (w), all feasehold 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) all rents. Issues. profits and income therefrom (subject <br />' <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) Nil all royalties, mineral, oil and gas rights and profits, water tights, and water stock, (vi) all tenements, <br />heredifaments, privileges and appurtenances belonging. used or enjoyed In connection therewith, and (vuI) all proceeds of Conversion, <br />voluntary or involuntary. of any of the foregoing Into rash or liquidated claims (including, without funiation,, proceeds of insurance and <br />condemnation awards,i. all of which is hereinafter collectively called the " Trust Properly` <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 hen 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 hen upon the Trust <br />Property and will forever warrant and defend 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 filed and <br />recorded as a mortgage of the Trust Property In such manner and in such place and will take such action as ;n the opinion of Trustee <br />may be required by any present or future law in order to perfect. maintain 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 ali right of dower and homestead in and to the Trust Properly. <br />2 Payment of Indebtedness. Trustor snail 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 aft costs and liabilities incurred therefore, 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 to 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 />Samoa? 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 Properly at all times during construction, and re) 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 flit Payment of Charges. Subject to applicable law or to a written waiver by Beneficiary, Trustor .snail pay to Beneficiary on the <br />first day of each month, or such other date each month as may be specified by Beneficiary, until the Indebtedness is paid in full, a sun? <br />fhereinafter called the ' "Funds' I equal to 1 121h of rho yearly taxes and assessments which may allaln priority over this Deed of Trust <br />and ground terns on the Trust Property, It any, plus 1, 12th of the yearly premium installments for hazard insurance, plus 1 12th of the <br />yearly premium installments for mortgage insurance. if any, all as reasonably estimated initially and from time to time by Beneficiary on <br />the basis of assessments and bills and reasonable estimates Meteor The Funds shall be held i, an mstirution, 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 arid ground rents. Beneficiary shah not be required to pay rruStor any interest of <br />earnings on the Funds. Beneficiary shall give to Trusror, without charge, an "inual a::countmg of the Funds showing credits and <br />debts to the Funds and foe purpose for which each debit to the Funds was made The Funds ere pledged as 1004iona) sec:unty for <br />the indebtedriest; secured try fhls Daed of iriJSf fl the amount o! the Funds hand by Bnnelrchtry together wrtrr Uie lutufe Inonfniy <br />insrai7mernts ;t Funds payable prior to the Clue dates of faxes, assessments, insuranca prernn.ins and ground rents..Oiaq exceed the <br />*WyV)wtf required to pay said (axes, assesSinents, fisufance premajair, and ground rews as they bill Lit w Iwch exch'ss .shah be, it <br />Trus" s option, titter pfoniprfy repaid fa Trustor or credited to Trustor agamSr friture nn!nbr,4' v c flhnents of I urrds If flit, arrriwnr r <br />mo Funds tntxld fly t3onotpoel'y' Shall got Ile sufficient to (Jay taxes, assessment s, rn..wance hrturwan,S ,1IKf griwim firms o they f,?!; <br />Truslrr 5hdd twy to Benofc')aly any arnoimf necessary ro rnake uP Joe f16fl";ertr,y w4tw? rimy driYs ticr, ti i. its trl Celt, e ;c ine' /en? hi <br />fitriON"afy ro T(w.!,e refilaesring payfnelit thereof. 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