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A <br />r <br />a <br />. i. <br />1 <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />.OIIf1OWtIRS !LEAD TIMS SEFOltE {lG!!MI{i: <br />89—ta 100183 <br />Sorrowers(T(ustas) undarstand that thedocumenl that the Swrowersareabout toexecuto Its Deed of Trust andinels mort"ond that thepowerof sale provided <br />for in the Deed of Trust pfovidea subsuntieffy different rights and obligations to the Borrowers than a mortgage in the event of a defsuft or breach of obligation under the <br />Deed of Trust, Including, but not limited to. the Lenders right to have the Real Property sold by the Trustee without any judicial proe"cling or foreclosure. Borrowers <br />represent and warrant that this acknowledgement wall executed by them before, the execution of the Dead of Trust. <br />A- <br />(balllft M. Pinto) Borrower <br />Borrower <br />PREFACE TO DEED OF TRUST <br />COMPLETE IMs poAlon ONLY de;f mol properly described consists of INDIVIDUALLY OWNED AGRICULTURAL LAND. <br />IBappMealbla, efanplele ONLY ONE olfti A. S, or C. <br />O A. DItiCLA1MEl1 OF RIOHT TO DESIGNATE HOMESTEAD: <br />The Borrower(s) acknowledge that they are about to execute the followtag peed of Trus4 upon the reatestate described therein. The Borrower(s). and each of them it <br />more than one• do hereby disclaim their right to designate a homestead pursvant thereto. No part of the hot.ustead of either of the Borrowerie) is prasentty or will In the <br />future be situated upon said real estate. The Borrowers) understand that,fWho % restablishesahomestooli rianypartofsaidrealestateducingthetimethe DeedofTrusl <br />remains unsatisfied ends lien upon said real estate, there shall be no right to remake a designation of homestsald in the event of a foreclosure orlrustee•s sale with respect to <br />said Dead of Trust <br />17 B. WAIVER OP IRIC14T TO DESIGNATE HOMESTEAD: <br />The Borrower(s) acknowledge that they are about to 93mcute the following Deed of Trust upon the real estate described iherein. The Brrtower(s). and each of them it <br />more than one. do hereby waive their right to designate a homestead pursuant thereto. ThieftrrOwer(s) understand that they have the right to make a designation of <br />homestead and that by executing this waiver, they are waiving rights otherwise available forthe purpose of -Alfording them the opportuniWoletain their homestead In the , <br />event of a default upon the Deed of Trust. <br />13 C. DESIGNATION OF HOMESTEAD: <br />Pursuant to the Farm homestead Protection Act (Section 76 -1901 et see. Revised Statutes of the 5tate.of Nebraska), the Borrower(s), do hereby designate the real <br />property described in the "Designation of Homestead- attached hereto artd) onc=porated herein by this refevvice. <br />. <br />Borrower <br />Borrower <br />j <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br />THIS DEED OF TRUST, is made as of the 2_ Lslday of De)Cem]ber.. 19 --8H.. by and among the Truster, Lntir`in M _ Pintns <br />a Sin, tom.' le Person _ fthose mailing address is 21st Streets Crand __ <br />Island, NE 68801(herein - Borrower••). the Trus!.be. WII. Jana G._'S ackburn, a member of the NE State B r An n., <br />whose mailing address is .�la�p ^ BQX 2280, cri and_ IslandNE S$802_2Z <br />(hereto ,''7irustee••). <br />r and the Beneficiary, Fiva Points Rank,__ _ ... _ . _ <br />whose mailing address is P.O, Box 15070 .rand_ Island,_ NE 68802 -1507 <br />(herein "Lender-). _. <br />' c <br />FOR VALUABLE CONSIDERATION, including the Indebtedness identified herein and crust herein created. the receipt of which is hereby acknowledged. Borrower <br />hereby irrevocably grants.tttrtssf@rs. conveys and assigns to Trustee. IN TRUST. WITH POWER OF SALE. for the benefit and security of Lender, under and subject tothe <br />terms and conditions hereinafter set forth, 0o real property. described as follows: <br />j Lot Fourteen (14), Block One (1), Knickrehm Third Addition to the City of Grand Island, <br />Hall County, Nebraska. �= <br />Together with all bw(dings. improvements, fixtures, streets, alleys. passageways. easements. rights. privileges and appurtenances located thereon or in anywise : <br />pertainmg-El'Wrelo, and the rents, issues and profits. reversions and remain6*srhereof: including, but not limited to. heating and cooling equipment and such personal <br />property trail[! fs attached to the improvements so as to constitute a fixture: ard- together with the homestead or marital interests, if any which anterests are hereby released <br />and wafirl�d; all Of which• tt� :uding replacements and additions thereto. is hereby declared to be apart of the real estate secured by the hen of Mrs Reed of Trust and all of the <br />foregoing being referred 10.Ivrein as the "property - <br />This Deed of Trust shall secure (a) the payment of thif principal sum and interest evidenced by Borrower's note and/or credit agreement dated Der-41mber <br />21. 1988 having a maturity date ofD_ @c4&mher • 27. 1989 An the original principal amount of S __W, 000. On and any and all <br />modifications. extensions and renewals thereof or thereto and any aid say IV1.1 re advances and readvances hereunder pursuant to one or more promissory notes or credit 1 <br />agreements (heremcalled` Note••). (b) the payment of other sums advanrr VtfLendertoprotectthesecunlyoftheNote.( c) theperformanceallcovenantsandagreement <br />of Borrower Set forth herein: and (d) all indebtedness and Obligations or E�'rower to Lender Whether direct. indirect, absolute Or contingent and whether ansing by note. <br />guaranty. overdraft or otherwise ii <br />/i+; •� Borrower. to protect the security of this Deed of Trust. covenants and agrees with Lender as follows. _ ) <br />f. PlsyrtsafNOflarte+ elpolandlnsnal. Borrowershallpromptlypayw Atinduetheprincipalofandintereston. andanyfeesorchargesprovidedin .theNoteOrinthis <br />Deed atTnAlt • .. <br />'I(!. Offlt 60rfewet is the Owner of the Property. has the right and altiiyYr(fijr to Convey the Property. and warrants!hal the hen created hereby is a first and prior lien on <br />=rills Property, except as may Otherwise be Set forth herein, and the execul)4.0.la'Q delivery of this Deed of Trust does not %;,clate any contractor other oblr(y!d!`r�7 10 which <br />Borrower is subject <br />3. Taxes, AsMeeelenb. To pay when due all taxes, s;Wt -I 16MT rents and all gffaC cl ^argesagainst the Properr{r:^rS, upon written demand by Lent ?r, to pay to <br />Lander such amount a$ may be sufficient to enable the Lender to Bey, }>81 )raxes. assess,'-e• ^.':s or other charges as they become due <br />4 Ieewawee. To keep the Property inured cgainsf damage by fi— Jf azafds rnUuded withal the tornq "extended coverage. and suen Omer hazards as Lender may <br />require. in amounts and with companies acceptable to Lentler, and with loss Payable to the Lender In Case-ol loss under such policies the Lender is authorized to adjust. <br />collect and COmprOmis*. au Claims thereunder and shall have the option of applying all Or part of the insurance proceeds (t)to any Indebtedness secured hereby and in Stich <br />ord+tr as Lender may determine. (it) to the Borrower 10 be used for the repair or restoration or the Properly or (m) for any Other ptirprisl• Or object satisfactory to Lender <br />without affecting the lien of this D'Oed of Trust for the full amount secured hereby before Such payment ever took place Any application of pr6cePd9 it) indehtedr.ess, Shall <br />not extend or POStpOrie the due date of any payments under tho Note of curlt any default therounr-rot or hereunder <br />S Mafh»nanee Ifepaln and ComisNariea with Laws. Hortowm shall keep the Property .n r/utM cbndilron ana tepa•r Snali pt --o+ly ;,•i,i , r mouse any <br />inlpiU +emeM Which may be danlBgCd br dPttrnjed Shan rut Cernn „t Or pernut any. +astn Ur AOtenU +al�O'i Of 1hi• i'rO[•pely ♦n;u� nV! +irr'iUYp civil +r••J „• r,,ha.in pally dhpr 1 <br />anrortheimprOYen .nrASOnlhePfODerty 9h ailr+!T!6vmn,4 stiNeeprpelmiianyaCttobUdnhy .hHru ( qn • thePrOpr ' riy rtv.glahen(.fany,;iW ••r,Lr nnr r mq.d :+t•u•. an.t <br />Sf!aflr.AyAnd P'ernDPyd•sche +QC 211 flnrrowPrr.I ostanl all 1.1-ni. Oncunihr nlLCSand( r' 3icjn9ie. rd ih.Ir,7Sprli iagSPCat•rf dyl,nr,!•r,i. {,..L,.,iy. ry(..ar+n.i..pid <br />