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> <br />�' i z ► Imo; i. . "_'�° CD o -4 CM <br />W rn r c. C 3> <br />r) -t- c :Zf --1 <br />M <br />--t <br />--G O C� CD <br />?� // ^^ r N p -ri CD <br />~ <br />• ...T7 �1.` r �� �Tj ` O <br />vl <br />� I r; N CA <br />Vri <br />rn Z3 r 70 _ <br />r D Gn cn <br />av CD CU <br />pFesA -J CO <br />Q .=t <br />200005870 <br />a <br />NEBRASKA DEED OF TRUST - LINE OF CREDIT <br />(With Power of Sale) <br />THIS DEED OF TRUST, made this 6TH day of JULY 2000 <br />between BRIAN G.WITTER AND DEBORAH L. WITTER.HUSBAND AND WIFL AS JOINT TENANTS <br />whose mailing address is 303 W. 7TH STREET. GRAND ISLAND. NE 68801 Q� <br />as Trustors, STEWART TITLE GUARANTY COMPANY �vv <br />whose mailing address is 1220_WASHMGTON SUITE 100. KANSAS CITY MO. 64105 <br />as Trustee, and Dial Bank, whose mailing address is 3201 North 4th Avenue, Sioux Falls, SD 57104, as Beneficiary, <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in H A L L County, Nebraska: <br />LOT 1, IN BLOCK 9, IN THE ORIGINAL TOWN, NOW CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of initial and future advances to Trustors' under a Credit <br />Card Acount Agreement ( "Agreement ") in an amount of principal not to exceed $200,000.00 outstanding at any one time, plus interest on the <br />principal outstanding from time to time at the rates from time to time provided for thereunder. Payment may be made in advance in any amount at <br />any tune. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the entire unpaid balance of said <br />loan at once due and payable, less any required rebate of charges. <br />To protect the security of this Deed of Trust, Trustor covenants and agrees: t <br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. <br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens <br />or encumbrances impairing the security of this Deed of Trust. <br />3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards <br />in an amount not less than the total debt secured by this Deed of Trust. All policies shall be- he 4,4y.the.Beueficiuy,= be,, such companies as <br />the Beneficiary may approve and have loss payable first to the Beneficiary as its intere�,tiiray appear and '•then to'Ce r. The amount <br />collected under any insurance policy may be applied upon any indebtedness hereby secured in slfch 4&r�hs the Beneficiary' hal. determine. Such <br />application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose` tfiis Deed of Trust or cure or waive any default or <br />notice of default or invalidate any act done pursuant to such notice. In the event of foreclo'sure, alt"rigTits-of the Trustor in insurance policies then <br />in force shall pass to the purchaser at the foreclosure sale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof. <br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. <br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the <br />property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. <br />IT IS MUTUALLY AGREED THAT: <br />1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such <br />portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. <br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when <br />due of all other sums so secured or to declare default for failure to so pay. <br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of IF <br />the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />1 <br />NE-9 79NOWLINE-0 100 (also used by IA) <br />