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201001989
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Last modified
3/29/2010 11:30:22 AM
Creation date
3/29/2010 11:26:41 AM
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DEEDS
Inst Number
201001989
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20100198) <br />certain Commercial Loan Agreement entered into by and between Trustor, <br />Riverside Golf Club of Grand Island and Beneficiary, contemporaneously <br />herewith, as amended from time to time (the "Loan Agreement"). <br />The Promissory Note referred to above has been or will be delivered to and are or will be <br />payable to the order of the Beneficiary. By this reference, said Promissory Note is made a part <br />hereof, along with and including any and all modifications, extensions and renewals thereof. <br />Though there may be more than one promissory note, said indebtedness is referred to <br />collectively herein as the "Note." <br />(b) Payment of all sums advanced by Beneficiary to protect the Trust Estate, with <br />interest thereon at the default rate of as established in the Loan Agreement. <br />This Deed of Trust, the Note, the Loan Agreement and any other instrument given to evidence or <br />further secure the payment and performance of any obligation secured hereby are referred to <br />collectively as the "Loan Instruments." <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />Payment of Indebtedness; Covenant of Title. <br />(a) Trustor shall pay when due the principal of the indebtedness evidenced by the <br />Note, charges, fees and all other sums as provided in the Loan Instruments. <br />(b) Trustor hereby covenants with Beneficiary that Trustor is lawfully seized of the <br />Property hereby conveyed, that Trustor warrants and will defend the title to the Property against <br />the lawful claims of all persons whomsoever, that Trustor has the right to grant and convey the <br />Property, and that the Property is unencumbered by any mortgage, trust deed, contract to <br />purchase, or otherwise. <br />2. Taxes. Trustor shall pay each installment of all taxes and special assessments of <br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before <br />delinquency, without notice or demand, and, upon the request of Beneficiary, shall provide <br />Beneficiary with evidence of the payment of same. Trustor shall pay all taxes and assessments <br />which may be levied upon Beneficiary's interest herein or upon this Deed of Trust or the debt <br />secured hereby without regard to any law that may be enacted offering payment of the whole or <br />any part thereof upon the Beneficiary. In the event that Trustor defaults in making any such <br />payment prior to delinquency, Beneficiary shall have the option to require Trustor to escrow <br />taxes in advance. <br />3. Insurance and Repairs. Trustor shall maintain fire and extended coverage <br />insurance insuring any improvements and buildings constituting part of the Trust Estate in <br />commercially reasonable amounts. Upon the request of any Beneficiary, such insurance policies <br />shall contain a standard mortgage clause in favor of Beneficiary, and shall not be canceled, <br />modified, or terminated without thirty (30) days prior notice to Beneficiary. Trustor shall <br />promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for <br />2 <br />
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