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<br />THIS DEED OF TRUST, is made as of the 25th day of February, 2000, by and among MARY A. KENNEDY, a single person , e-b
<br />the Trustor, whose mailing address is #14 VIA TRIVOLI, GRAND ISLAND, NE 68803 (herein "Trustor ", whether one or more), the Trustee
<br />NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address is, 1414 15TH STREET COLUMBUS, NE 68601
<br />(herein "Trustee "), and the Beneficiary, NEBRASKA ENERGY FEDERAL CREDIT UNION, whose mailing address is 1414
<br />15TH STREET COLUMBUS, NE 68601 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to MARY A. KENNEDY (herein "Borrower ",
<br />whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants,
<br />transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject
<br />to the terms and conditions hereinafter set forth, the real property, described as follows:
<br />The Westerly Forty -three and Eighty Hundredths feet (43.80') of Lot Fourteen (14) and the Easterly Thirty -one and Forty -five Hundredths
<br />feet (31.45') of Lot Fifteen (15), in Block One (1), Continental Gardens, an Addition to the City of Grand Island, Hall County, Nebraska.
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal
<br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment;
<br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including
<br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of
<br />the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement
<br />dated February 25th, 2000 having a maturity date of March 5, 2015, in the original principal amount of $79,586.00, and
<br />any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or
<br />any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of
<br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to
<br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed
<br />of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created
<br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender
<br />before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other
<br />obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and
<br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named
<br />insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise,
<br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby
<br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other
<br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such
<br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under
<br />the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums
<br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the
<br />Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by
<br />Lender.
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair;
<br />shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit,
<br />suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly
<br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any
<br />part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br />"Proceeds ") inconnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation.
<br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also
<br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is
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<br />DEED OF TRUST WITH
<br />FUTURE ADVANCES
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<br />THIS DEED OF TRUST, is made as of the 25th day of February, 2000, by and among MARY A. KENNEDY, a single person , e-b
<br />the Trustor, whose mailing address is #14 VIA TRIVOLI, GRAND ISLAND, NE 68803 (herein "Trustor ", whether one or more), the Trustee
<br />NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address is, 1414 15TH STREET COLUMBUS, NE 68601
<br />(herein "Trustee "), and the Beneficiary, NEBRASKA ENERGY FEDERAL CREDIT UNION, whose mailing address is 1414
<br />15TH STREET COLUMBUS, NE 68601 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to MARY A. KENNEDY (herein "Borrower ",
<br />whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grants,
<br />transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject
<br />to the terms and conditions hereinafter set forth, the real property, described as follows:
<br />The Westerly Forty -three and Eighty Hundredths feet (43.80') of Lot Fourteen (14) and the Easterly Thirty -one and Forty -five Hundredths
<br />feet (31.45') of Lot Fifteen (15), in Block One (1), Continental Gardens, an Addition to the City of Grand Island, Hall County, Nebraska.
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal
<br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment;
<br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including
<br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of
<br />the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement
<br />dated February 25th, 2000 having a maturity date of March 5, 2015, in the original principal amount of $79,586.00, and
<br />any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or
<br />any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of
<br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to
<br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed
<br />of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation
<br />guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created
<br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender
<br />before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other
<br />obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and
<br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named
<br />insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise,
<br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby
<br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other
<br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such
<br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under
<br />the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums
<br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the
<br />Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by
<br />Lender.
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair;
<br />shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or
<br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit,
<br />suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly
<br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any
<br />part thereof.
<br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br />"Proceeds ") inconnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation.
<br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also
<br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is
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