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Wi <br />ACKNOWLEDGEMENT OF DEED OF TRUST : <br />TRUSTOR RGAMTHIS BEFORE SIGNING- <br />Trustorunderstartite thtd, the document that Trustor is aboutto exectutsis a Deed of Trust and not a mortgage and thatthe power <br />of sale provided fRr.In the DOW of Trust provides substantially differ t rights and obligations to Trustor than a mortgage In the event <br />1 of a default ar breach ct chli #at(gn•under. the Deed of Trust, inclu n9, t not limited to. the Lender's right to have the Property sold <br />by the Trustee without agsr judicial; pigceeding. Trustor repress %Richa rrants that this acknoted$ement was executed by <br />Trustor before the enscuttan oi.the 0? ild•of. Trust. <br />'P. B ell Trustor <br />rcatitvna t. oell Trustor <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS 05ED Oi= TRUST, is made as of the 27th day of February ,119-it-by' <br />g 89 by and among <br />jw_ the Trtustori Richard A. Sell and Ramona I. Bell, Husbanei. and, 641Te <br />whose mai(Ing-rtfl,°�' ,. 2425 W:f6teciE'„ Grand Island, NE (herein °Trustor,^ whether one or more), <br />the Trusteei. York State Bank and Trust, Company <br />whose mailing address is Znn t Tnrnln jLWnue, York. NE- 6P467 _ (herein "Trustee), and <br />the Beneficiary, tF Ynr 4*Ate Rank gust Qm any <br />whose mailing address is __ ?On fi nrFrnln A,amrP, York,_68467 (herein "Lender). <br />FOR VALUABLE CONSIDERATION, including Leader's extension of credit identified herein to Ricl'Tal�i P. Bel l <br />and Ramona 1. Bel 1 (herein "Eorrower ", whether one or more) and rza trust rcreir. created, <br />the receipt cf *[,,-;ch is hereby ackno edged, Trustor hereby irrer +arabty grants, transfers, conveys and assigns to 7=- ae, IN <br />TRUST, WITH POWER OF SALE, for the da�, .efit and security of Len de,. under and subject to the terms and conditions here' after set <br />forth, the real Pi cperty, described as to Yt.n vs. <br />Lot Two (2), CentennFa1 Gardens Subdivision, City of Grand Island, gall <br />County, Nebraska <br />Together with all buildings, improvemer.:s, t:xturei streets, alleys, passageways, easements, rights. on;� i%•ages and appurte- <br />QZJec: + iocated thereon or in anywise pertaining thererv, and the rents, issues and profits, reversions ar, thereof, and <br />such Personal property that is aftched to .he improvements so as to constitute a fixture, inclush�.t�, to, i.�.+a3ting and <br />cooling equipr~•anty and togeti;er with the h arrestead or marital interests, if any, which interests= are y.`J� r�;aasef a t i�wa ved; all <br />of which, Inclad: rig replacements and addificris thereto, is hereby declared to be a part of the real by My fa r.-r; of this <br />Deed of Trust amd all of the foregoing bem; referred to herein as the "Property". <br />This Deed of Trust s t_i; secure (a) the payment of the principal sum and interest evidenced by a prcrilssory note or credit, <br />agreement da!W - FebrUary 77 12A9 having a maturity date of �►J7 Demdnd _ _ <br />in the original principal amount of $6:$00.00 _ , and any and all modifications, extensions and <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them it more than one) h8rEU1der <br />pursuant to one or more promissory notes or credit agreements (herein called "Note'); (b) the payment of other sums adtiar'.ed by <br />Lender to protect the security of the Note; (c) the performance of all a:,. r:rarts and agreements of Trustor set forth herein; :arid (d) all <br />present and future indebtedness and obligations of Borrower (or at-, 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 and any and all <br />other docuents that secure the Note or otherwise executed In connection therewith, including without limitation guarantees, security <br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor covenants and agrees with Lender as te!lav:•s; <br />1. Payment of Indebtednalso. All indel dr. ,ass saw -red hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Prot;,=.rtf, i ice.; :!e ,right and authority to convey the Property, and warrants that t)-,* <br />created hereby is a first and prior lien on the- PrOP-5-1 F, except for hens and encumbrances set forth by Trustor in vaiijl- R2.arks <br />def::rerad to Lrv-.Jer before execution of this Deed of Trust and the execution and delivery of this Deed of Trust' does nct <br />ccattra,.t 4r ctf-4r obligation to which Trustor is subje -v. <br />3. Taxes:, Assessments, To pay before delinquency a;l taxes, special assessments argil aii other charges against'd,;: Property <br />now or nsurnf ( levied. <br />4. Insursnrtae: To keep the Property insured against damage by fire, hazards included within the term "extended cawLIr:;ge", and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an rtilditional <br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust. cmifect and <br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any rrdditfedness <br />secured hereby and in such order as lender may determine, (ii) to the Trustor to be used for the repair or restoration el ifte Property <br />or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amour•.° secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due <br />date of any payments under 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 <br />sums to enable Lender to pay as they become due one or more of the following: Ill all taxes. assessments anti other charges against <br />the Property, (il) the premiums on Ilia property insurance required hereunder, and (iii) the premiums or; any mortgage insurance <br />required by Lender. <br />L 6. Malnfanancs, Repairs and Comptlanco wNh Laws. Trustor shall keep the Property <br />Promptly repair, or replace any improvement which may be damaged or destroyed. shall no! condition <br />omm t orperm t any pwaste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property, shall not <br />commit, 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 <br />promptly discharge at Trustor's cost and expense all lions, encumbrances and charges levied. imposed or assessed against the <br />Property or any part thereof <br />7- ErnMsnt Domain. Lender is hereby assigned all compensation, awards. damages and other payments or relief thereinafter <br />`Proceeds') in connection with condemnation or other taking of the Property or part thereof or for conveyance in lieu of condemna- <br />tion Lender shall be entitled at it9 option to t;ommonce. appear in and prosecute in its oven name .any action or P. oceedinas. ali(l <br />shall also t)e entitled 10 make any compromse Or Settlerment ur connection With such tilhtitq or damage l" the resent any tIurtu,n pt <br />kEt YdSr(4[rayi,c_f „ s. DaWrrtq ro HB . <br />�'' r 00� M,t ..: ai P.�.a of f t« �.e.c• t, �:. s.- 19w.gs •:,uc r. R,�, L.ntu:n kear,;>, • <br />iS <br />-"I <br />4 ; <br />r <br />” ra <br />10 <br />8 <br />�i <br />