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= 2 <br />N <br />c. m <br />CD o (D cn o <br />>- m <br />CD <br />N -r� O <br />CD <br />r � __- rr• to <br />� f D O E3 <br />CD <br />D <br />F- <br />C/1 <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 1 st day of August, 2000, by and among the Trustor, JACK M. <br />NEWELL, TRUSTEE OF THE JACK M. NEWELL LIVING TRUST, whose mailing address for purposes of this <br />Deed of Trust is 3027 West Capital Avenue, #21, Grand Island, NE 68803 (herein, "Trustor ", whether one or more), <br />the Trustee, AREND R_ MACK, 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 to JACK M. <br />NEWELL, TRUSTEE OF THE JACK M. NEWELL LIVING TRUST, and JACK M. NEWELL, (herein <br />"Borrower ", whether one or more), and the trust herein created, the receipt of which is hereby acknowledged, <br />Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the benefit and security of the Lender, under and subject to the terms and conditions hereinafter set forth, legally <br />described as follows: <br />Lots Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Sixteen (16), <br />Seventeen (17) and Eighteen (18), Santa Anita Estates Subdivision, in the City of Grand Island, <br />Hall County, Nebraska; <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 August 1, 2000, having a maturity date of August 1, 2015, in the original principal amount of <br />Eighty -five Thousand and no /100 Dollars ($85,000.00), and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) <br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of <br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and <br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or <br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note <br />or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />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 <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 />