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<br />DEED OF TRUST <br />~ r'tfJ ("' oJ ,_ _ ~ <br />---THIS DEED OF TRUST, made this t:J'<JV day of \l Pj!ltJlfllr:xYr , A.D., 0 <br />2008, by and between MKK, LLC, a Nebraska limited liability company, ,.:'{;- <br />hereinafter called "Trustor" (whether one or more), and Ronald S. Depue, "- <br />Attorney at Law, of Hall County, Nebraska, hereinafter called "Trustee," and <br />Richard L. Hartman and patricia A. Hartman, husband and wife, whose address <br />is 5075 S. Locust, Grand Island, Nebraska 68801, hereinafter called <br />"Beneficiary" i <br /> <br />I\.) <br />is <br />is <br />co <br />is <br />co <br />-->. <br /><D <br />""'-J <br /> <br />f' <br />- <br />. <br />t <br />I <br /> <br />~ <br />"'" <br />c <br />nn~ <br />:t:>c.n <br />m .. <br />ncn <br />jjIll;% <br /> <br />Q~\> <br />mer: <br />O:J:: <br />~ Lt.. <br />t> <br />G) <br />D <br /> <br />-u <br />:3 <br /> <br />I....~ <br />~ <br />C;'> <br />= <br /> <br />o U) <br />o -i <br />CJ> <br />z-i <br />-irrl <br />-<0 <br />0-'--' <br />-., z <br />::r: fll <br />1> 0;' <br />r" :;:0 <br />I l> <br />tn <br />^ <br />1> <br /> <br />,- I <br />r:~' <br />~ ~2' <br />,") ~ '- <br />o~ <br />,., <br />o N <br /> <br />~ (' <br /> <br />en <br />rq <br />--0 <br /> <br />N <br />CJl <br /> <br />c..J <br /> <br />CJl <br />o <br /> <br />--- ----- <br /> <br />U'l <br />GFl <br /> <br />o~ <br />N:o <br />om <br />o <br />0> <br />co(f) <br />z <br />o (J) <br />co::d <br />!--"c <br />s:: <br />CD n1 <br />-..J~ <br />Z <br />o <br /> <br />WITNESSETH, That the Trustor, for good and valuable consideration, <br />including the debt and trust hereinafter mentioned and created, and the sum <br />of one dollar to Trustor paid by the said Trustee, the receipt and suffi- <br />ciency of which is hereby acknowledged, does by these presents, irrevocably <br />grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under <br />and subject to the terms and conditions of this Deed of Trust, the following <br />described real property situated in Hall County, Nebraska, to-wit: <br /> <br />Lot One (1) on the Mainland in Section Nine (9), Township Ten (10)/,North <br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, and all <br />accretion thereto, EXCEPTING a tract of land more particularly <br />described in Warranty Deed recorded in Book 73, Page 106 and <br />EXCEPTING a tract of land more particularly described in Warranty <br />Deed recorded as Document No. 76-002654 and EXCEPTING a tract of <br />land more particularly described in Warranty Deed recorded as <br />Document No. 99-111191. <br /> <br />TOGETHER with and including all and singular the tenements, heredita- <br />ments, appurtenances and privileges thereunto belonging or in anywise <br />appertaining, whether now or hereafter acquired, which shall include, without <br />limiting the generality of the foregoing, the following: <br /> <br />All of the rents, issues and profits, including all rents, royalties, <br />bonuses and benefits under any existing or future oil, gas or mineral or <br />other leasesi all easements and rights of waYi all rights of homestead <br />and homestead exemption and any surviving spouse's marital or distribu- <br />tive share, and all other contingent rights in and to said premisesi and <br /> <br />All fixtures, improvements, buildings, and the plumbing, <br />ventilating and lighting systems and equipment therein, all <br />shall be construed and considered as affixed to and part of <br />estate. <br /> <br />heating, <br />of which <br />the real <br /> <br />All of the foregoing estate, property and interest hereby conveyed to the <br />said Trustee is hereinafter collectively referred to as the "Property." <br /> <br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors <br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly <br />granted unto the said Trustee, Trustee's successors, and assigns for the <br />purpose of securing: <br /> <br />(a) The payment of Trustor's just indebtedness to Beneficiary in the <br />principal sum of Sixty-five Thousand Dollars ($65,000.00) for money borrowed, <br />with interest thereon, all as evidenced by and in strict accordance with the <br />terms of that certain promissory note hereinafter called the "Note", bearing <br />even date herewith made payable to the order of Beneficiary, executed by MKK, <br />LLC, and providing for the payment of said indebtedness in full on February <br />1, 2009, subject to acceleration of maturity on default in the performance of <br />any covenant, agreement or warranty contained in this Deed of Trusti <br /> <br />(b) The performance of each agreement, covenant and warranty of Trustor <br />herein contained or set forth in the Note or any agreement or instrument <br />executed by Trustor in connection with the indebtedness hereby securedi and <br />