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r <br />L <br />­M <br />27 <br />.1 <br />F <br />- - - - ADKNOW Ei3GEMER'F ^F DEED OF TRUST-- ILOL12 -1v. <br />TRUSTOR READ Ti1IS BEFORE SiGNING: <br />Trustor understands that the document that Trustor is aboutto execute is a Deed of.Tnust and not a mortgage and that the power <br />of sale provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage?n the event <br />of a default or breach of obligation under the Deed of Trust, including, but not limited to, the Lender's right to have the",. arty sold <br />by. the Trustee without any judicial proceeding. Trustor represents and warrants that this acknowledgement by <br />Trustor before the execution of the Deed of Trust. <br />_.� . Trust me (Frank 0. Z•immermT _h.) <br />• =' � of f..- ry���,��. . <br />Trustf%r jaque ine L. <br />Zimmerman) <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THiS DEED OF TRUST, is made as of the 18t day of March ,19_ EM by and among <br />the Truster, Frank_0, Zimmerman - and J_agfiAl i nca 7i MMA Man+- __hughand and wife. <br />each in his own right and as spouse of the other <br />whose mailing address isand• (herein "Trustor;' whether one or more), <br />the Trustee, .Wi-Iliam_G. Blackburn, A Member ofthP ,Nebraska State Sar Aaar,_ <br />whose mailing address is P.O. Box 2280, Grand Island, NE (herein "Trustee!'), and <br />the Beneficiary, Five Points Bank_ —_i <br />whose mailing address is P.O. Box 1507, Grand island, NE (herein "Lender).. <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Frank 0. ZiMingratiaA, & <br />Jaqueline L. Zimmerman, Husband & Wife <br />(herein "Lr:trCl+,er' whether one or more) and the trust FeoVit created, <br />the receipt ef- ;yich is hereby acknowfed•gii.1 Tr; stor hereby tr n, sA: ig Grants, transfers, conveys and assigns fc.T:i)stee, IN <br />TRUST, WITH r-oWER OF SALE, for the tefitilitard security of Len:.*-; ':rder and subject to the terms and conditions f eneinafter set <br />forth, the real jamperty, described as fcilosws: <br />Lot Nine (9), Homestead Second Subdivision, Hall County,. <br />Nebraska <br />Together with 211 buildings, improvements, fixtures, streets, allays, passageways. easements, rights, privileges grid appurte- <br />nances Iccatratthereon or in anywise pertaining thereto, and Me oents, issues and profits, reversions and remafiders tiieveof, and <br />such perscna. Kroperty Met if, attached to the improvements sours la constitute a fixture, including, but not limited tr., hewatind and, <br />cooling egwpr ,ant; and tugether with the homestead or marital. iitl :4Gts. if any..w+tich interests are hereby released a, d (waived; all <br />of which, iticiul ing replacements and additions thereto, is herrety deciared to be a part of the real estate secured LV, mi3"ifeil of this <br />Deed of Trjvs rrid all of the foregoing being referred to herein as We "Property ". <br />This Deed of Trust shall secure (a) the payment el the priric`ipal sum and interest evidenced by a prcmlt;sc;rY rate or credit <br />a0 ementdated _March 1 fiviirg a maturity date of March 1, 1994 <br />5 <br />0 <br />01.0 <br />in the original principal amount of $ 12, _ and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than cne) rereunder <br />pursuant to one or more promissory notes or credit agreements ih/_rern called "Note "); (b) the payment of other sums a4vanced by <br />Lender to protect the security of the Note; (c) the performance of at! ccu 'nanit and agreements of Trustor set forth here, n: and (d) all <br />present and future indebtednessand obligations of Borrower (cr ar.y rf i,iien) I. more than one) to Lender whether alit et, indirect, <br />absolute or cor:tingent and whether arming by note, guaranty, otar(in; +t or otherwise. The Note, this Deed of Trust and.: .1y and all <br />otherdocue :its that securethe Note or otherwise executed in clanneaiun therevrith, including without limitation guara.'�I, i security <br />agreements and assignments of leases and rents, shall be refeme a to herein tas the "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows. <br />1. Payment of Indebledrim. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the rigtlt and au!hority to convey the Properly. and warrar.;s .(,,&t the ven <br />created hereby is a first and prior lien on the Property, except for pens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any <br />contract or other obligation to which Trustor is subject <br />3. Taxes, Assessments. To pay before delircluency all taxes, special as:;essriients and all other charges against the Property <br />now or hereafter levied. <br />4. insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and <br />such other hazards as Lender may require, in amounts and wlt"i companies acceptable tJ Lender naming Lender as an additional <br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, colfect and <br />compromise. all claims thereunder and shall have the option of applying all or part of the insurance proceeds p) to any indebtedness <br />se cured heroby and in such order as lender may determine, (II) to the Trustor to be used for the repair or re.-fa ratio n of the Properly <br />1�t'(iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust f6r I.ne full amount secured <br />hereby, before such payment ever took place. Any ap,+iAa3 Cn cl proceeds to indebtedness shall net rxland or pcsircne he due <br />date i:t an i3Oit5ments under the Note, or cure any dl. -ti a,fi` or rere,nder. <br />5. iii r t ,W. Upon Mitten demand by Lender. Trt)srur shad lay^ Ir - Ler'.det, in, s..ich many -: as +g �i3; t_, <br />S:Jn:.^at4 /u`rti,'d''3>;T L6+.def ikj`izjf as they bBCJffrEdut: lirr,v 0• rrlUre of tf`e-Ui;II'.4i'r'g" (i) aft taxes. assessmer;",, :�;;� <br />the Property. (it) the premiums on the property insurance required hereundes and (m) the premiums or .;,•,. m,; ,._ ;; rsurance <br />required by Lender. <br />6. M&MIanince, Repairs and Compliance with Laws. Trustor shall keep the Properly tit gooc* condition and repair. shall <br />promptly repair, or replace any improvement which may be damaged or destroyed, shall not commit or permit any waste 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 eripense aft hens, encumbrances and charges levied. Imposed or assessed against the <br />Property or any part thlircof <br />I fEfninsntDornain. Leltivf 19 Plirt.-by assign('d ail compensation awatQS. Jarriages wid c4ba, pailreMs of tei,ef ihereufaf of <br />Proceeds'*! in connection with cwid-,n'it +abut, Or tatter takmgvf thlr Piovetty tjr lm,t tnvicol. nit for convhrarcr- in lwij kit (;wideflin't <br />thin L end4r Shall by enht.o(f at ,fs 6tt, >ht. uftl o, +?f, tatty,• r,elitrP ar y .itt l,n nt r 'o( (•f+<ftrirj = :,tr,I <br />ire!• - eG 3;, ta! ra +}ri1 / #J t,! ii. :.rot (1+:, C' ±tnjN!Irt •,56 Ut 9Ptt'ein,}!,t to ! pT+e•la :, hU, W +1l.+ $ it t, tilionty f 1 "41ria(le 111 tt'(' f•rl�r f ,its, i ",I! :Lt, (`f <br />C 1t,lii' /•.,r.., R!'J :h 0 -:4t eVO 3l.*. <br />7 <br />4— <br />r% <br />