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<br />I <br /> <br />"CONSTRUCTION AND SECURITY AGREEMENT" (Notice: This instrument constitutes a construction <br />security interest under the Nebraska Construction Lien Act,) <br /> <br />...... <br />..... <br />NORWEST fiAl\i":-, <br />..... <br />..~.. <br /> <br />Norwest Bank Omaha, National Association <br />P.o. Box 3408 <br />Omaha. Nebraska 68103 <br /> <br />DEED OF TRUST <br /> <br />84-004268 <br /> <br />This Deed of Trust, made this 11 th day of ___~ 19 ..8lL- . by and between <br />William J. Scheve, Jr and Salli~.s~h"ve, H""hRncl Rncl Wif" <br />whether one or more. hereinafter called the "Trustor", whose mailing address is 1612 Windsor Place, GrandIsland,NE . <br />NORWEST BANK OMAHA. NA TlONAL ASSOCIA TlON, hereinafter called the "Trustee", whose mailing address is P. O. Box 3408, <br />Omaha. Nebraska 68103. and NORWEST BANK OMAHA. NA TlONAL ASSOCIA TlON, heremafter called the "Benel/ciary", whose <br />mailing address is P 0. Box 3408. Omaha, Nebraska 68103. <br /> <br />WITNESSETH <br /> <br />WHEREAS, under even date herewIth. Trustor executed and delivered to Beneficiary a Promissory Note payable to Benel/ciary in the <br />pnnc~alsumof$_~~~housand Dollars and No/lOOths-------------------~----------------------- <br /> <br />which note Will be referred to herem as the "Note" or the "Note Secured Hereby",' <br /> <br />NOW, THEREFORE. lor Ihe purpose of secuflng payment of the Note. according to Its terms and any extension or renewals thereof, <br />and for the purpose 01 secuflng performance by Trustor of the agreements herein contained, Trustor irrevocably grants and transfers <br />to Tr/Jstee. In trust. with POWER OF SALE. all of the follOWing descnbed real estate sItuated in Hall County, <br />Nebraska. hereinafter called the "Descflbed Premises'" <br /> <br />Lot 19, in Block 2, in Normandy Estates, an Addition to the City of Grand Island, as <br />surveyed, platted, and recorded in Hall County, Neb'1Ska. <br /> <br />THIS DEED OF TRUST SHALL CONSTITUTE A FIXTURE FlLING UNDER THE UNIFORM COMMERCIAL CODE <br />liITH RESPECT TO THE FOLLOlfING TYPES OF FIXTURES: <br /> <br />together With all bUlldmgs. fixtures and Improvements upon the DeSCflbed Premises. whether now or hereafter existing, all rights-of'way, <br />easements, rents, Issues. profits. Income, tenements. hereditaments, pnvileges and appurtenances belonging, used orenio)llldln <br />connection wIth the descflbed premises. or any part thereat (sub;ecl, however, 10 be the fight. power and authority of Trustor to-CptJ&ct <br />and appll' such rents. Issues. profits and Income as they become due and payable, so long as no detault itxists hereunder):andall <br />proceeds of conversIOn. voluntary or Involuntary. of any of the foregOing mto cash or Uquidated claims, including, witt:out.-limitathJfJ.. <br />proceeds of insurance and condemnation awards. all of which collectively IS heremafter referred to as the "Trust Property", <br /> <br />I T IS A GREED, Without aflectlng the generality 01 any of the foregOing prOVISions, that all heating, cooling, air conditioning andplurnbing <br />appllar.ces and eqUipment now or hereafter attached to. or built m. any buifding or Improvement, now or hereafter erecteduponft1e. - <br />descf1bed premises, shall be deemed fixtures and a part of the realty, and are a portion of the Trust Property. <br /> <br />TO HA VE AND TO HOLD the Trust Properry upon and subfect /0 the trusts and agreements hereinafter set forth: <br /> <br />1_ Trustor agrees to punctua!ly pay the pnncipal of, and Interest on, the Note on the dates and at the place and in the manner provided <br />[herem and to PUflC!Ua/ly ,:,erlorm all agreements. conditions and prov/slons of any other security instrument given in conn8Cti~lfwjth ~ <br />thIS transaction <br /> <br />2. Trustor. at ftS expense. WIN mamtam dnd preserve ttle lien Of thiS Deed of Trust as a first and paramount lien upon the Trustf'rti)p8rty. <br />Will cause thiS Deed 01 Tf~st ana eacn amendment or supptement thereto, /0 be Med and recorded as a mortgage of Ihe Trust PI'optilrty- <br />in SUC,"1 manner and In such piaced. and wll! take such other action as If1 the opinion of Trustee may be required by any-p~t,(jr <br />future law In order to perfect, mamtaJfl and protect the hen of thiS Deed of Trust. as the same may be from time to time amended:or <br />suppf8rnenrea <br /> <br />3 If !!tIe ro riny part of ale Trust Property shai! be taken In condemnation proceedings, by right of eminent domain or simi~f 8Ction; <br />Of shall De solei under t.'1reEH of condemnation. all awards, damages and proceeds are hereby assigned and shall be paid to T~tee <br />Wt10 snalJ apply sucn dmount to the prepayrnem of t.he Note Trustor will prompUy, and with due (digenea. repair, alter and resfore <br />the remaining part Of the Trust Property to Jts former condlllon substantially to the extent that the same may be feasible and $0 as'-Io <br />constitute a complete dnci usable (Jill! <br /> <br />4, Trusta,. at Its el(pense, W'lt'iJi rni:.Nltdl/l Wltfl mSUfors approved by BenefiCiary Insurance with respect to the improvements and personal <br />Ofot.>""8rty constltut!ng rile 7rust Property agamst toss by !ire. lightnmg, and other perils covered by standard extend9d coverage <br />ern10fsernenr. ,n an amount equdllo at tBast iO(Y,:; at the full replacement value thereof; and insurance against such other hazards and in <br />surn a.'1K)tlflt as ,'S cus.tornarsly earned b}' owners and operators of Similar properties and as BenefiCIary may require for its protech'on. <br />Trustor ~'I.{i:I' cornpiy wilh such ortle! reqUirement as Beneffclary may from time to time request for the protection by insurance of the <br />interest of ttle respectIve parties AU ,nsurance poliCies mamramed pursuant to this Deed 01 Trust shaJl name Trustor, Trustee and <br />Benef!c'ary dS f,nS,.j!ea's as the" respec:ilie interests may appeal. and prOVide there shall be no cancellation or modification without 15 <br />t.1a.liS j.)rlQr -.\'fiHen nacd,cat/cn to Trustee and BenefICldf}', In the event any poiJcy hereunder is not renewed on or be/ore 15 days prior <br />10 Its eXpil'diion ..--tate, Trustee or Benef!cii:iTY' may procure sucn insurance, pay the premiums therefor, and such sums shall immediately <br /> <br />0eC()rne r:'ut: an'..] OdyaDie f\..th ''"'{forest at ~,11e rate of 1.~___ per annum until paid and shall be secured by thIS Deed of Trust. All <br />OO!;(:'(>::, ~)f rrl's:./ance reOl,;rea by thiS Oeeo' of Trusr shaf.i be ci&iiVeled to ana" retained bv Trustee, FBIJU(801 Trustor to furnish such <br /> <br />;,-/,;_;. ,..",", :' d.':; <br /> <br />u <br /> <br />L <br /> <br />~ <br /> <br />L <br />