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<br />DEED OF TRUST �
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<br />THIS TRUST DEED made this �s day of , 2011, between Heritage
<br />Disposal and Storage, LLC, a Nebraska Limited Liability Company, as TRUSTOR, whose address
<br />is 345 S 80 Road, Alda, Nebraska 68810, and William A. Francis, A Member of the Nebraska
<br />Stat� Bar Association, as TRUSTEE, and David Huston, of Grand Island, Nebraska, hereinafter
<br />referred to as BENEFICIARY.
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<br />WITNESSETH:
<br />That TRUSTOR hereby grants, bargains, selis, conveys and wa.rrants to TRUSTEE, IN z a S e
<br />TRUST, his successors and assigns, with power of sale, the following-described real property:
<br />Part of the . East Half of the Northeast Quarter and the Northwest Quarter of the
<br />Northeast Quarter and part of the Southwest Quarter of the Northeast Quarter and
<br />part of the East Half of the Northwest Quarter of Section Twenty-Four, Township
<br />Eleveh North, Range 11, West of the 6 P.M., Hall County, Nebraska, also known
<br />as Tract 46 of the Cornhusker Army Ammunition Plant.
<br />together with all buildings, improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARY that
<br />TRUSTOR is lawfully seized and the owner of the above-described property; that it has good right
<br />and lawful right and authority to sell and convey said premises and that said premises are free and
<br />clear of liens �nd encumbrances, except only for a first Deed of Trust to First State Bank of Shelton,
<br />Nebraska. TRUSTOR will warrant and defend the title to said premises forever against the claims
<br />of all persons, except for the first lien position of First State Bank of Shelton, Nebraska.
<br />For the purpose of securing performance of each agreement of TRUSTOR herein contained
<br />and the payment of Nine Thousand DOLLARS ($9,000.00), the TRUSTOR has executed a
<br />Promissory Note bearing even date, at the rate of interest and on the terms and conditions as set
<br />forth in such Note until paid. The principal sum and interest shall be payable in accordance with
<br />and upon the terms and conditions of said Note of even date, and in any event the entire principal
<br />balance due hereunder and any accrued interest shall be paid on April 30, 2011. All installment
<br />payments hereunder shall be applied first to the payment of interest computed monthly on the
<br />unpaid balance, pursuant to the Amortization Schedule, a copy of which has been provided to each
<br />of the parties hereto, and remainder of each payment of each installment to be applied to principal.
<br />All payments due hereunder shall be paid at the residence of the BENEFICIARY or as the holder of
<br />said security shall designate in writing.
<br />It is agreed by and between the parties hereto that while title is vested in the TRUSTEE and
<br />until filing of Notice cf Default, the TRUSTOR shall:
<br />A. Retain possessiori of the property at all times, except as may be otherwise agreed by the
<br />parties in writing.
<br />B. Maintain the building and its improvements and all personal property sold under the
<br />parties' Contract for Sale of Real Estate, in good condition and repair.
<br />C. Pay all general and special taxes and all special assessrnents of . every kind levied or
<br />assessed against or due upon said property before delinquency, and to deliver to
<br />BENEFICIARY copies of receipts showing payment of such taxes.
<br />D. Procure and maintain policies of all-risk insurance on said improvements, in sums and
<br />underwritten by companies acceptable to the BENEFICIARY, in an amount of at least
<br />Nine Thousand Dollars ($9,000.00), which policies shall name the BENEFICIARY as
<br />additional insured(s), with the loss proceeds payable to the parties as their interests may
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