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�� <br />�� <br />� �� <br />� � <br />0 <br />C17 �� <br />� �� <br />e <br />� �� <br />� <br />��� <br />��� <br />�� <br />ana among <br />t� � � DEED OF TRUST <br />� � � <br />� �� <br />� �� � � � <br />�p � � <br />��� ^�� <br />� �� <br />►EED OF TAUST, is made as of 8 th day of August <br />Tim C. Plate, a sint� e nerson <br />("Trustee"), whose mailing address <br />and_Plate Ente�tnrises LLC ("Beneficiary") <br />whose mailing address is 2209 E. Stolle� Park Rd. , Gran. Island, R$. <br />FOR VALUABLE CONSIDERATION, Truator irrevocahly transfsrs, conveys and assigns to Trustee, IN TRUST, WITH <br />POWEft OF SALE, for the benefit and security of Beneficia�y, under and subject to the terms and conditions of this Deed of Z4�ust, <br />the real property located in the City of Grand Islan County of <br />- AA � 1 , State of Nebraska, and legally described as foAows (the "Progerty"): s <br />Lot Two (2), Saddle Club Subdivision, Wash3ngton Township, City of Gran.d Island, <br />Ha11 Cou_n��.t�y Nebraska <br />TOGETHEl� WITH, all rents, easements, appurtenances, hereditaments, interests in ac�joining roads, streeta and alleys, <br />improvements and bnildings of any kind aituated thereon and all personal property that may be or hezeafter become an integral <br />part of such buildings and impravementa, all crops raised thereon, and all water rights. <br />The Property and the entire eatate and interest conveyed to the 14 ustee are referred to collectively as the "Trust Estate". <br />FOft THE PURP05E OF SECURING: <br />a. Payment of indebtness in the total principal amount of $ 100, 000. 00 �yith interest thereon, as evidenced by that <br />certain promissory note of even date (the"Note") with a maturity date of ugust tS, 2026 <br />executed by Trustor, which has been delivered an.d is payable to tb.e order of Beneficiary, and which by this reference is hereby <br />made a part hereo� and any and all modifications, extensions and zenewals thereo� and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of <br />Five percent ( 5 %) per annum, and <br />c. The performance of Trustor's covenants and agreemants. <br />This Deed of Trust, the Note, and any other inatrument given to evidence or further secure the payment and <br />performance of any obiigation secured hereby are referred to collectively as the"Loan Instnunents". <br />TO PROTECT THE SECURITY OF THI5 DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor ahall pay when due t�ie principal o� and the interest on, the indebtedness <br />evidenced by the Note, charges, feea and all other sums as provided in the Loan Instnimente. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and apecial assesaments of every kind, now or hereafter levied <br />against the trust estate or any part thereof as foliows: <br />(initial one) <br />� Trustor shall directlq pay such taxea, without notice or demand as each installment comes due and ahall <br />provide the beneficiary with evidence of the payment of the same. <br />Trustar shall pay to beneficiary one-twelfth of the real estate taxes each month and auch other assessments <br />as they become due. The one-tweltth payment shall be adjusted annually as the taxes change and trustor agreea that <br />after payment af the tages each year that any deficiency will be promptly paid ta Beneficiary. Beneficiary agrees <br />to provide truetor with receipts showing that the real eatate taxes have been paid in full and when due. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings constituting part of the Trust Estate for an amount no lesa than the amount of the unpaid principal balance af the <br />Note (cainaurance not esceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be cancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. <br />14�ustor shall promptly repair, maintain and replace the 14�uat Eatate or any part thereof so that, except for ordinary wear and <br />tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS .AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or pzoceeding purporting to <br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall paq all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any auch action or proceeding in which Beneficiary or Trustee may appeax: Should Trustor <br />fail to make any payment or to do any act as and in the manner provided in any o£ the Loan Instruments, Beneficiary and/or <br />Trustee, each in its own diacretion, without obligation so to do and without notice to or demand upon Trustor and without <br />releasing Trustor from any obligation, may make or do the same in snch maaner and to sucb. extent as either may deem <br />necessary to protect the security hereo£ Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in conneetion with tlne e$erciae by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court coats, appraisals, surveys and attorney's fees. Any such costs and egpenaes not paid <br />within ten (10) days of written demand ahall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the'lYust Estate, or any part thereof or interest therein, be taken or damaged by reason of <br />any public improvement or condemnation pro�eeding, or in any other manner including deed in lieu of Condemnation <br />("Condemnation"), or ahould Truator receive any notice or other infnrmation regarding such proceeding, Trustor shall give prompt <br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief <br />therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also be entitled to make any compromise or settlement in connecfi,ion with such taking or damage. All such <br />compensation, awards, damages, rights of action and proceeds awarded to �ustor (the "Proceeds") are hereby asaigned to <br />Beneficiary and Trustor agreea to execute auch further sesignments of the Proceeds as Beneficiary or Trustee may require. <br />6. F'UTURE ADVANCES. Upon requeat of Truator, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property <br />to Trustor may make future advancea to Trustar. Such future advances, with interest thereon, ahall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are securad herebq. <br />7. APPUINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and <br />acknowledged by Beneficiary, mailed to Trustor and Rscorded in the County in which the Trust Estate is located and by <br />otherwise comply'sng with the provisior^ of the applicable law of the State of Nebraska substitute a successor or succeasors to <br />the Trustee nanned herein or acting hei ider. <br />8. SUCCESSORS AND ASSIGNS. This Deed of Trust appliea to, inurea to the benefit of and binds all partiea hereto, their <br />heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and <br />holder af the Note, whether or not named as Beneficiary herein. <br />9. INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary <br />shall give Trustor notice at the time of or prior to an inapection specifying reasonable cause for the inspection. <br />� � <br />r. f <br />G r. <br />� �'-�`_ <br />r�i +.. _ <br />c, � <br />v� <br />r�i <br />� � -.. r4 <br />o �, . <br />rs, � <br />m <br />0 <br />� <br />� <br />� <br />� <br />CL7 <br />� <br />� <br />� <br />{--.+ <br />-�7 <br />o --i <br />c m <br />2 —� <br />� m <br />-C L , <br />� �l <br />� � <br />T r <br />� m <br />r � <br />r � <br />V� <br />� <br />�� <br />Cn <br />crti <br />, � 2011 � by <br />atos�mw ing address is <br />d ui <br />� <br />� <br />� <br />'�� <br />� <br />� <br />"� <br />