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rn p c) cn <br />C m O o --+ M (� 2 �Di <br />M G r x 7 m Q) CO <br />Y• Gi �,.:.... f O <br />r' D <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the I" day of MARCH, 2000, by and among the Trustor, PATRICK �G <br />K. DUFF AND SUSANNE M. DUFF, HUSBAND AND WIFE, whose mailing address for purposes of this Deed of S <br />Trust is P.O. BOX 1062, GRAND ISLAND, NEBRASKA 68802 -1062 (herein, "Trustor ", whether one or more), Q <br />the Trustee, AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing <br />address is P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL <br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand <br />Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein <br />to(herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />SEE ATTACHED EXHIBIT A <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and <br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being <br />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 Deed of <br />Trust Note dated MARCH 1, 2000, having a maturity date of MARCH 1, 2015, in the original principal amount of <br />TWO HUNDRED FIFTY -EIGHT THOUSAND AND NO /100 Dollars ($258,000.00), and any and all <br />modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to <br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit <br />agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the <br />Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future <br />indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust <br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as <br />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 <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges against <br />the Property now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option of <br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may <br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or <br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before <br />Page I of 5 <br />