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<br />DEED OF TRUST
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<br />� -- THTS DEED OF TRUST, made thi� day of �i" vc,�� K�, , A. D.�
<br />2010, by and between Tommy Ummel Sr., a�ingle pe�son, and Tommy Ummel Jr.� a
<br />and Cary K. Umme�, husband and wi�e, of the County at Ha11 and State of
<br />Nebraska, hereinafter called "T�ustor" (whether one or moxe), and Ronald S.
<br />Depue, Attorney at Law, of Hal.� Caunty, Nebraska, hereinafter called
<br />"Trustee," and Gal�van Construction Inc., a Nebraska carporatian, whose
<br />address is 552 East Capital Avenue, Grand Island, NE 68801, hereinafter
<br />called "Sen�ficiary";
<br />WzTNESSETH, That the Trustor, for goad and valuable considera�.ion,
<br />including �he deb� and trust hereinafter mentioned and created, and the sum
<br />o� one dollar to Trustor paid by �.he said Trustee, the receipt and su£fi-
<br />ciency of which is hereby acknowledged, does by these pr�sents, irrevocably
<br />grant, bargain and sell, convey, assign and confirm unto th� said Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefi� and security of Seneficiary, un.der
<br />and subject to �he terms and conditions of this Deed of Trust, the following
<br />described �eal property situated in Hall County, Nebraska, �.o-wit:
<br />La�s Two (2), Thr�e (3), Four (�) and Five (5), Brodsky Tndustrial
<br />Empire Subdivision, in �he City af Gran.d �sland, Ha�.1 County,
<br />Nebraska.
<br />TOGETHER wi�h and including all and singular �he tenem�nts, heredita-
<br />ments, appurtenances and privil�ges th�reunto belonging or in anywise
<br />appertaining, whether now or hereafter acquired, which sha11 include, without
<br />limiting the generality of �he foregoing, the following:
<br />A11 of the ren�s, issues and profits, incl.uding all rents, royalties,
<br />bonuses and benefits under any existing or future ail, gas or m�.neral or
<br />o�.her 1.eases; a�l easements and righ�s of way; all righ�s of homestead
<br />and homestead exemption and any survi�ving spouse's marital or distribu-
<br />tive share, and all other contingent rights in and to said premises; and
<br />All fixtures, improvements, bu�ldings, and the plumbing, hea�ing,
<br />ven�i�ating and lighting systems and equipment therein, al.l of which
<br />shall be construed and considered as affix�d to and part of the real
<br />estate.
<br />A11 of the foregoing estate, proper�.y and interest h�reby conveyed to the
<br />said Truste� is hereinafter col�.ectively referred to as �he "Praperty."
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's succ�ssors
<br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br />gran�ed unta the said Trustee, Trustee's successors, and assigns for �.he
<br />purpose af securing:
<br />(a) Th� payment o� Trustor's just indebt�dness to Beneficiary in the
<br />principal sum of Seventy-five Thousan.d Dollars ($75,000.00) �or mon.ey
<br />borrawed, wi�h a�nterest thereon, a1.1 as evidenced by and in s�rict accordance
<br />with the terms of tha� certain promissary note hereinatter called the "Note",
<br />bearin.g even date herewi�h made payable to the order of B�neficiary, executed
<br />by Tammy Ummel Sr, and Tommy Ummel Jr., and p�oviding for the payment of said
<br />indeb�edness in in�tallments, subject to acceleration of ma�.urity on default
<br />in the payment of any installm�nt af principal nr interest or in the
<br />performance o� any covenan�, agreement or warranty contained in this Deed of
<br />Trus�;
<br />(b) The performance of �ach a.gr�ement, covenant and warranty of Trus�or
<br />herein contained or se�. farth in the Note or any agr�ement or instrument
<br />�xecuted by Trus�.or in cannection with �.he in.d�btedness hereby secured; and
<br />(c) The paymen� of any sum or sums of money wi�.h interest thereon which
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