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� <br />� <br />�� <br />e ° <br />.� = <br />N � <br />N � <br />■� <br />_— <br />� <br />� <br />� <br />�., <br />� <br />� <br />� <br />Z <br />� <br />A � <br />a � <br />� � .. <br />r <br />4 <br />, �` <br />, <br />�'. <br />� <br />� � <br />�� <br />s ; � '--� <br />�— �-, , c <br />� f ,. _ .. .�.r 7 <br />Q `�� N <br />� � <br />m <br />c� �-_ <br />�_. <br />� � rn <br />.�.� ,r <br />� { ^ `::3 O <br />o � `�. <br />i�+; ? W <br />� �..— c� <br />c� v� <br />o -.� <br />c n <br />z --i <br />� rn <br />'� o <br />o -� <br />� � <br />s m <br />D ao <br />r z <br />r n <br />(/) <br />� <br />� <br />� <br />� <br />EXECUTION COPY <br />Return To: Horizon Bank, 10841 North 142nd Street, Post Office Box 447, Waverly, Nebrasl�a 68462 <br />TERM LOAN SECURITY AGREEMENT <br />TRU5T DEED <br />THIS TRUST DEED, made August 15, 2011, by and among Stonewood Townhomes, LLC, whose mailing <br />address is 2604 26th Avenue, Central City, Nebraska 68826 (herein "Trustor"); and Horizon Bank, whose mailing <br />address is 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 (herein "Trustee"); and <br />Horizon Bank, whose mailing address is 10841 North 142nd Street, Post Office Box 447, Waverly, Nebraska 68462 <br />(herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys, and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE for the benefit and security of Beneficiary, under and subject to the <br />terms and conditions of this Trust Deed, the following described real property, located in Hall County, Nebraska: <br />Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, Larue Third Subdivision, in the City of Grand <br />Island, Hall County, Nebraska. <br />TOGETHER WITH all of the following, whether now owned or hereafter acquired: rents, profits, <br />royalties, income, and other benefits derived from the real property; all leases or subleases covering the real property <br />or any portion thereof; all interests, estate, or other claims, both in law and in equity, in the real property; all <br />homestead exemptions which are hereby released and waived; all easements, rights-of-way, tenements, <br />hereditaments; all oil and gas rights and profits and water rights; all right, title, and interest of Trustor in and to any <br />land lying within the right-of-way of any street or highway adjoining the real property; any and all buildings, <br />fixtures, improvements, and appurtenances now or hereafter erected thereon or belonging thereto (herein referred to <br />as"Improvement" or "Improvements"); and any and all awards made for the ta.king by eminent domain, or by any <br />proceeding or purchase in lieu thereof, of the whole or any part of the real property. All of the foregoing estate, <br />property, and interest conveyed to Trustee herein collectively referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Trustor's notes or guarantee ("Note") with an effective <br />date of August 1, 2011, in the principal sum of Three Hundred Fifly 5ix Thousand Fow Hundred Ninety Dollars <br />($356,490), together with interest at the rate or rates provided therein and the principal and interest on any future <br />loans evidenced by promissory notes or guarantees stating they are secured by this Trust Deed, and any and all <br />renewals, modifications, and extensions thereof, both principal and interest being payable in accordance with the <br />terms set forth therein, which, by this reference, is made a part hereof. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money which may be hereafter paid or advanced by the <br />Beneficiary under the terms of this Trust Deed, together with interest thereon at the rate provided in the "Note." <br />TO PROTECT THE SECURITY OF THIS TRUST DEED, TRUSTOR HEREBY COVENANTS AND <br />AGREES AS FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay, when due, the <br />principal of and interest on the indebtedness evidenced by the Note, and all other charges and fees as provided in the <br />Note, and the principal of and interest on any Future Advances secured by this Trust Deed. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible <br />title and estate to the Property hereby conveyed and has the right to grant and convey the Property. The Property is <br />free and clear of all liens and encumbrances, except liens now of record, and Trustor will warrant and defend the <br />title to the Property against all claims and demands. <br />o � <br />d � ►--� <br />~, � <br />O � <br />O7 � <br />F�J � <br />� � <br />�� <br />� <br />�� � <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Properiy in <br />good repair and condition, shall not commit waste or permit impanment or deterioration of the Property, and shall <br />comply with the provisions of any lease if this Trust Deed is on a leasehold. No improvement, now or hereafter <br />