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~~ <br />,,rn <br />g <br />m <br /> <br />~ _ Z <br />"'~'"~ ~, ~ n Z ~ ° ~ ~ o ~' ~ ~ <br /> <br />~.~ <br />a <br />rn v <br />~ a -. <br />~:1 <br />~ <br />~, <br />m <br />N ~ 7d trt <br />-i n H <br />~ , ~ <br />~ , <br />. <br />~ ~ <br />~ ~ <br />-~ ~ ~ ° <br /> ~ <br />CD '~""~ ~ ~ -7 `~ N <br />rn p ~ O Z <br />.~ <br />- <br />~ <br />~ <br />~ ~ O ~ ~~ n ~ Q ~ <br />~ ~rr~w ~ m "°L7 r'"' 7J C <br /> <br />~r~~ ~ ~ ~ F,__, 7~K Q Z <br /> <br /> <br /> <br /> Gfi <br /> AHP LOAN SECURIT Y AGREEMEN T <br />TRUST DEED 1f~~ ° ° <br />THIS TRUST DEED, made May 14, 2009, by and among Woodland Park Townhomes II, LLC, whose mailing address is 5101 <br />Central Park Drive, Suite 100, Lincoln, Nebraska 68504 (herein "Trustor"); and Horizon Bank, whose mailing address is 10841 North <br />142nd Street, Post Office Box 44'7, Waverly, Nebraska 68462 (herein "Trustee"); and Midwest Housing Initiatives, inc., whose mailing <br />address is 5101 Central Park Drive, Suite 100, Lincoln, Nebraska 68504 (herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys, and assigns to Trustee, 1N TRUST, <br />WITH POWER OF SALE for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Trust Deed, <br />the following described real property, located in Hall County, Nebraska: <br />See attached legal description. <br />TOGETHER WITH all of the following, whether now owned. or hereafter acquired: rents, profits, royalties, income, and other <br />benefits derived from the real property; all leases or subleases covering the real property or any portion thereof; all interests, estate, or <br />other claims, both in law and in equity, in the real property; all homestead exemptions which are hereby released. and waived; all <br />easements, rights-of--way, tenements, hereditaments; all oil and gas rights and profits and water rights; all right, title, and. interest of <br />Trustor in and to any land lying within the right-of--way of any street or highway adjoining the real property; any and all buildings, <br />fixtures, improvements, and appurtenances now or hereafter erected thereon or belonging thereto (herein referred to as "Improvement" or <br />"Improvements"); and any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the <br />whole or any part of the real property. All of the foregoing estate, property, and interest conveyed to Trustee herein collectively referred <br />to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Trustor's notes or guarantee ("Note") dated May 14, 2009, in the principal <br />sum of Three Hundred Eighty Four Thousand Eight Hundred Dollars ($384,800), together with interest at the rate or rates provided <br />therein and the principal and interest on any future loans evidenced by promissory notes or guarantees stating they are secured by this <br />Trust Deed, and any and all renewals, modifications, and extensions thereof, both principal and interest being payable in accordance with <br />the terms set forth therein, which, by this reference, is made a part hereof. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money which may be hereafter paid or advanced by the Beneficiary under the terms <br />ofthis Trust Deed, together with interest thereon at the rate provided in the "Note." <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND AGREES AS <br />FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay, when due, the principal of and interest <br />on the indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Trust Deed. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the <br />Property hereby conveyed and has the right to grant and convey the Property. The Property is free and clear of all liens and <br />encumbrances, except liens naw of record., and. Trustor will warrant and defend the title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and <br />condition, shall not commit waste or permit impairment or deterioration of the Property, and shall comply with the provisions of any lease <br />if this Trust Deed is on a leasehold. No improvement, now or hereafter erected upon the Property, shall be altered, removed, or <br />demolished without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, <br />conditions, and restrictions affecting the Property and not commit, suffer, or permit any act to be done in or upon the Property in violation <br />of any law, ordinance, regulation, covenant, condition, or restriction, Trustor shall complete or restore, promptly and in good <br />workmanlike manner, any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor <br />performed and materials furnished therefor and for any alterations thereof. <br />4. INSURANCE. Trustor, at its expense, will maintain, with insurers approved by Beneficiary, insurance with respect to <br />the improvements and personal property, constituting the Praperty, against loss by fire, lightning, tornado, and other perils and hazards <br />covered by standard extended coverage endorsement, in an amount equal to at least one hundred percent (100%) of the full replacement <br />value thereof and insurance against such other hazards and in such amounts as is customarily carried by owners and operators of similar <br />properties. All insurance policies maintained pursuant to this Trust Deed shall name Trustor and Beneficiary as insured, as their <br />respective interests may appear, and provide that there be no cancellation or modification without at least 15 days' prior written <br />notification to Trustee, and Beneficiary may procure such insurance in accordance with the provisions of paragraph 6 hereof. Trustor <br />shall deliver to Beneficiary the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof. <br />1^ailure to furnish such insurance by Trustor or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br />H~~~D <br />