|
~~ _
<br />..~ ~ rn
<br />7C «~`~-~ n cn
<br />e ~^
<br />v ~ ~ Q
<br />~ ~n o~
<br />'" ~ ~ x ~
<br />~ A
<br />~"^ DEED OF TRUST
<br />"THIS DEED _OF TRUSS, made this ~sL day of F~e...F A.D. , ~
<br />2010, by and between EricStar Properties, L.L.C., a Ne raska limited a
<br />liability company, hereinafter called "Trustor" (whether one or more), and ~.
<br />Ronald S. Depue, Attorney at Law, of Ha11 County, Nebraska, hereinafter
<br />called "Trustee," and Brett A. Duff, whose address is 110 Platte View Drive,
<br />Phillips, NE 68865, hereinafter called "Beneficiary";
<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 real
<br />property situated in Hall County, Nebraska, as set forth on Exhibit A
<br />attached hereto.
<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 />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 leases; all easements and rights of way; 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 premises; and
<br />All fixtures, improvements, buildings, and the plumbing, heating,
<br />ventilating:and lighting systems and equipment therein, all of which
<br />shall be construed and considered as affixed to and part of the real
<br />estate.
<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 />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 />(a) The payment of Trustoe's just indebtedness to Beneficiary in the
<br />principal sum of Ninety Thousand Dollars ($90,000.00) 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
<br />EricStar Properties, L.L.C., and providing for the payment of said indebted-
<br />ness in installments, subject to acceleration of maturity on default in the
<br />payment of any installment of principal or interest or in the performance of
<br />any covenant, agreement or warranty contained in this Deed of Trust;
<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 secured; and
<br />(c) The payment of any sum or sums of money with interest thereon which
<br />may be hereafter paid or advanced under the terms of this Deed of Trust.
<br />NOW', THEREFORE, TO PROTECT THE SECURITY OF THIS DEED OF TRUST, Trustor
<br />does far Trustor and for Trustor's heirs, representatives, vendees,
<br />successors and assigns, the owners of said Property, hereby expressly
<br />covenant, agree and warrant to and with the Trustee and Beneficiary, and
<br />
|