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P.O. <br />called the <br />OF TRUST is made this 17th day of November <br />addressis Mute Z. Box iUb. Grand Isla' <br />qSnCTATTnN <br />1768, Grand eland, NE and NORWEST Bi <br />xleficiary" ), whose mailing address is P • 0. Box 1 <br />86- 106681 Deed of Trust <br />19 $ , byand between Maynard J. Stelk grid <br />_ 'whether one or more, ( here,nafter called the "Trustor "), <br />WITNESSETH: <br />IF THiS BOX iS CHECKED ( j THIS DEED OF TRUST CONSTITUTES A CONSTRUCTION <br />SECURITY AGREEMENT UNDER THE NEBRASKA CONSTRUCTION LIEN ACT AND CREATES, <br />GRANTS AND CONSTITUTES A CONSTRUCTION SECURITY INTEREST IN THE PROPERTY <br />DESCRIBED HEREiNBELOW. <br />mailing address is <br />_ , (hereinafter <br />WHEREAS. Trustor is indebted to Beneficiary in the principal sum of _ <br />Cedars (3 ), which indebtedness is evidenced by Trustor's pro s o note dated 19 . (he a n�/ter <br />called the "Note'), payable to the order of Beneficiary and having a maturity ofT.V9.ary 1S lend �e6ivary I5, r1491 <br />NOW THEREFORE, for the purpose of securing: <br />(a) payment of the Note, together with interest thereon, late charges, prepayment penalties, any future advances, and all extensions, <br />modffrcabons, substitutions and renewals thereof, <br />(b) payment of all other sums, fees or charges, together with interest thereon, advanced to protect the security of this Deed of Trust and <br />the performance of the covenants and agreements of Trustor, whether or not set forth herein. <br />(c) performance, discharge of and compliance with every term, covenant, obligation and agreement of Trustor contained herein or <br />incorporated by reference or any other security instrument at anytime given to secure the Note. and <br />(d) the repayment of all other sums or future advances, with interest thereon, which may heretofore have been or hereafter be advanced <br />by Beneficiary to Trustor or Trustor's successor in interest or title, <br />all of which is hereinafter collectively called the "Indebtedness ", Trustor irrevocably grants and transfers to Trustee, in trust. WITH POWER <br />OF SALE, the following described property: The Northeast Quarter of the Northwest Quarter (NE14NWk) and the <br />West Half of the Northwest Quarter (WkNWk) of Section Thirteen (13), Township Ten (10), North, <br />Range Ten (10) West of the Sixth P.M., in Hall County, Nebraska; and The Northwest Quarter of <br />the Northwest Quarter (NW'ZM14) and the West Half of the Northeast Quarter of the Northwest <br />Quarter (ANEhNW1t), of Section Fourteen (14), in Township Ten (10), North, of Range Ten (10), <br />West of . h P.M. in Hall Cc1�mty, Nebraska. <br />together hrr) �fldings, structures, akatons, enlargements, modifications, repairs, replacements, and improvements now or hereafter <br />located thereon, (if) all equipment, machinery and fixtures (including, without limitation, all lighting, heating, ventilating, cooling, air <br />conditioning, sprinkling and plumbing fixtures, water and power systems, engines, boilers, ranges, ovens, dishwashers, mirrors and mantels, <br />carpeting, furnaces, oil burners, elevators and motors, refrigeration plants or units, communication systems, dynamos, transformers, electrical <br />equipment, storm and screen windows, doors, awnings and shades) now or hereafter attached to, or built in, any building or improvement <br />now or hereafter located thereon, (m) all easements and rights of way appurtenant thereto, (w), all leasehold estate, right, title and interest of <br />Trustor in and to all leases, whether now or hereafter existing or entered into (including, without limitation, all cash and security deposits, <br />advance rentals and deposits or payments of a similar nature,), pertaining thereto, (v) all rents, issues, profits and income therefrom (subject <br />to the right of Trustor to collect and apply such rents, issues, profits and income as they become due and payable so long as no event of <br />default exists hereunder), (vi) all royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, (vhf) alt tenements, <br />hereditaments, privileges and appurtenances belonging, used or enjoyed in connection therewith, and (viii) all proceeds of conversion, <br />voluntary or involuntary, of any of the foregoing into cash or liquidated claims (including, without limitation, proceeds of insurance and <br />condemnation awards), all of which is hereinafter collectively called the "Trust Property". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS AND AGREES AS FOLLOWS: <br />1. Title. Trustor covenants, warrants and agrees with Beneficiary, its successors and assigns, that Trustor owns the Trust Property free <br />from any prior ken or encumbrance, that this Deed of Trust is and will remain a valid and enforceable first lien on the Trust Property, <br />that Trustor, at its expense, will preserve such title and will maintain this Deed of Trust as a first and paramount lien upon the Trust <br />Property and will forever warrant and defend the validity and priority of the lien hereof against the claims of all persons and parties <br />whomsoever. Trustor, at its expense, will cause this Deed of Trust, and each amendment or supplement hereto, to be filed and <br />recorded as a mortgage of the Trust Property in such manner and in such place and will take such action as in the opinion of Trustee <br />may be required by any present or future law in order to perfect, maintain and protect the lien of this Deed of Trust, as the same may <br />be amended or supplemented from time to time. Trustor will make such further assurance or assurances to perfect its title to the Trust <br />Property as may be required by Beneficiary. Trustor hereby relinquishes all right of dower and homestead in and to the Trust Property. <br />2. Payment of indebtedness. Trustor shall punctually pay the principal of and interest on the Indebtedness secured hereby. <br />3. Constructor, of Improvements. Trustor shall complete in good and workmanlike manner any buildings, improvements or repairs relating <br />thereto which may be begun on the Trust Property or contemplated by the loan evidenced by the Note secured hereby, to pay when <br />due alt costs and liabilities incurred therefore, and not to permit any construction lien against such Trust Property. In the event <br />Construction of buildings, improvements or repairs are contemplated, Trustor also agrees. anything in this Deed of Trust to the contrary <br />notwithstanding; (a) to promptly commence any such wok and to complete the proposed improvements promptly, (b) to complete the <br />same in accordance with the plans and specifications as approved by Beneficiary, (c) to comply with all the terms of a building loan <br />agreement, it any, between Trustor and Beneficiary, the terns of which are incorporated herein by reference and made a part hereof, <br />(d) to allow Beneficiary to inspect the Trust Property at all times during construction, and (e) to replace any work or materials <br />unsatisfactory to Beneficiary within fifteen (15) days after written notice from Beneficiary of such fact. <br />4. Funds for Payment of Charges. Subject to applicable law or to a written waiver by Beneficiary. Trustor shall pay to Beneficiary on the <br />first day of each month, or such otter date each month as may be specified by Beneficiary, until the Indebtedness is paid in full, a sum <br />(hereinafter caged the "Funds') equal to 1/121h of the yearly taxes and assessments which may attain priority over this Deed of Trust <br />and ground rents on the Trust Property, it any, plus 1 12th of the yearly premium installments for hazard insurance, plus 1; 12tH of the <br />yearly premium installments for mortgage insurance, if any, ail as reasonably estimated initially and from time to time by Beneficiary on <br />ft basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution, the deposits or <br />accounts of which are insured or guaranteed by a federal or state agency including Beneficiary. Beneficiary shall apply the Funds to <br />pay said faxes, assessments, insurance premiums and ground rents. Beneficiary shag not be required to pay Trustor any interest or <br />Wnfngs on the Funds. BWONCrary shag give to Trustor, without charge, an annual accounting of the Funds showing credits and <br />dates to the funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for <br />Me Mdebledness secured by this Deed of Trust. N the amount of the Funds held by Beneficiary, together with the future monthty <br />of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the <br />emotatt.required to pay said , assessments, insurance premiums and ground rents as they tali due. such excess shall be, at <br />Truatol'a option, e).ther promptly repaid to Trustor or credited to Trustor against future monthly instalments of Funds. It the amount of <br />the Funds held by Beneficiary shaft not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they tor)) due, <br />Tnrstor std pay to lorry any amount ne�essety ttr make up the deficiency within lh:irty days f.*cam trie tiara ncrt. +ce �s meriiaa by <br />' to Tnrshrr r payment thereof [!porn payment in lull t?f a)) lr,debtedrress, t3ctneticiar} shay! j:rOrtlptiy : crtuno tt! <br />Trur�ILrr- .may- fitertda .'tMkl Gy vary- )1 tlYe 1.iu5f PrtYpfsrty is �gld UrMfer the ):xtwer of se�te rzr the Trust a' t)pc�fy tc ntr+erwisr3 �rC�:rrrr�c! <br />S, <br />by F3errefuciary Strait apphr, )mrrmdiat+�ly 19rai3r to Ina sate nt the Tr d Fr,�p�rti, r . a e urs�h a `�s` t�t�r arx r�tr y. s i 4 1s <br />hel%T` tyr Betasry air tx� .xf at%a!icr! a rr®djt sgsins! thR trrti€rbterar,tt c�. ; ,er t, c'�k r � Ee vl a s� 7tty� �ti a� c - t� , � c s <br />4a[xgx+?a t;r?+ier ft paragraph +. tr¢sstrx u=vveane+NS aril ayre^!rti to j�ny, tHakN+s thr. �a .7e =e �. �, <br />' t . i� j€•�f ,uEkt...t3 .�3s, .. zt � 3�_r. �+r >LT' <br />