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r <br />r: <br />R <br />- F7. <br />— <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: �9 � 0240 <br />Trustorunderstends that the docurnentthat Trustor is aboutto execute is a Deed of Trust and not a mortgage and that the power <br />of sale provided for in the Deed of Trustprovides substantially different rights and obligations to Trustor than a mortgage in the event <br />of a default or breach of obligation under the Deed of Truss: including, but not limited to. the Lender's right to have the Property sold <br />by the Trustee without any Judicial proceeding. Trustor represents wa nts that this acknowledgement was executed by <br />Trustor before the execution of the Deed of Trust. <br />Trusto'r (Ronald .Von Behren) <br />T n Behren) <br />DEED OF TRUST WITH FUTURE AD A or Ted stool <br />THIS DEED OF TRUST. is made as os.>" 14t day of. - May 1919— by and among <br />the�d[tstor Ronald L. Von Behren•, end -Una M. Von Behren Husband and Wife each in his own right <br />an :ss bpouse or e otber c .- o stop , a single person <br />whose mailing address is (herein "Trustor," whether one or more), <br />the.-Trustee, William G. Blackburn, A ?,ie ber of the Nebraska State Bar AsF=Lstion <br />whose mailing address is P.O. Box 2280, G'raitd Island, Nebraska (herein 'Trustee' ). and <br />the Beneficiary. Five Points Rank <br />whose mailing address is P.O. Box 1507, Grand Island, Nebraska (herein °Lendeel. <br />Una V�anA$��� lsl l '[���1. �'d f ; d� xt1 5 ,@I %fit i hlipd c t� o Rotted L. Von Behren & <br />and <br />Ted Rookstool, a single person . fheran "Borrower ", whether o,-e: :=:!store) and; ire trust herr-�n created, <br />tire.- receipt of which is her�rr acknowledged, Trusia° hereby irrevocably grares, tzar s -,; : :, nveys F_mdt assigns to Trustee, iN <br />TRUST, WITH POWER OF SAP ,E, for the benefit and Cecurity of Lender, under amt sub mac; :v r�s terms and c;mditions hers rafter set <br />forth, the real property, described as foffows: <br />Lots ten (10) , Eleven (11) and Twelve (12) in Block I! .see (3) in <br />Brown's Addition to the Village of Alda, Hall County, Nebraska <br />Together with all buildings, impravemc.its, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte- <br />nances located thereon or in anywise pbrfa•riing thereto, and the rents, issues and profits, reversions and remainders thereof, and <br />such personal property that is attached to the improvements'so as to constitute a fixture, including, but not limited to, heating and <br />cooling equipment; and together with the homestead or marital interests, if any, w�%?ch interests are herehq r !eased and waived; all <br />of which, includ: ^g replace-crits and additions thereto, is hereby declared to bSi:s part of the real estate .e cured by the lien of this <br />Deed of Trust and all c: &o filxegoing being referred to herein as the "Propert y'. <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated May 1, 1989 having a maturity date of May 1, 1991 <br />In the original principal E!r: Cup tt of $ __11 520,50 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future Advances and readvano-as to Borrower (or any if more than or; I'.ersunder <br />pursuant to one; or more promissory iota, o'r credit agreements (herein called "Note "); (b) th- e,ai� ant of other sums a;�vanced by <br />Lender to pro'&ct the security of the Note; (c) the performance of all covenants and agreements :e Tr&stc1 :;r.1riiirih herein; and (d) all <br />present and future indebtedness, and obligations of Borrower (or any of them if more than on i., to Lencrr ,eAlether direct, indirect <br />absolute or contingent and •wha(her arising by note, guaranty, overdraft or otherwise. The Ncie; this Deets bl Trust and any and all <br />other docuents that secure the Note of otfterwlse executed in connection therewith, including; wli! ^out limitation guarantees, security <br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan i ii =_t %rnents ". <br />Trustor covenants and agrees with Lot9der as follows: <br />1. Payment of Indsbtedtt"a. All Indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has ti,e right and authority to convey the a,i it3lGarrants that the lien <br />created hereby is a first affil prior lien on the Property. except for liens and encumbrancer !­,t. 19r: tv Sustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of alit Deed of Trustdoes not violate any <br />contract or other obligation to which Trustar is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all orner charges against the Property <br />noty or hereafter lovied. <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term `i-Awded coverage ", and <br />such other hazards as Lender may require, in amounts and with companies acceptable to 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, colfact and <br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness <br />secured hereby and in such order as Lender may determine, (,i) to the Trustor to be used for the repair or restoration of the Property <br />or•(fii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for thefull amount 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: (i) all taxes, assessments and other charges against <br />the Ptoperty" . (ii) the premiums or► the property insurance required hereunder. and (iii) the premiums on any mortgage insurance <br />r1quited by Lender. <br />6. Maintenance, ,Repair* and Compliance with Laws. Trustor shall keep the Property in good 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; shalt coal remove, demolish or substantially alter any of the improvements on the Property, shall not <br />commit, suffer or permit any act to bedvnii 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 hens. encumbrances and charges levied, imposed or assessed against the <br />Property or any part thereof. <br />7 EaeM 1 Domaln. Lender is hereby assigned all compensation, awards. damages and other payments or relief (here ;naftet <br />" Proceeds °).in connection with c©ntlomtiation or other taking of the Propemy 6r part thereof, or to, conveyance in lieu of condemns - <br />tion Ler+der�gltall'be entitled at its opt'' -tin to commence, appear in and prosecute in rte own name any action or proceed,ngs. and <br />',iti�'si aI$1) tjf! et111llttd to rtluko tiny C }}I4rylOmlgd Ut Sf}ttletrer'�Y iii COithf!CGU!} ridh Seth G3kma [u Aam3aF1 in lien n�ant .anu rir,tQru, of <br />t.gC 344r;q,nary.e�e,rbt )nnp 4s. !OQiI <br />® ��3N,!. ra% 9ar: o! Cca.+, vicenuuwa4a ...y,4rvxd.:,.,•.,�,. poL.r,c,n , <br />i <br />iT <br />> �J <br />r <br />ry. d <br />_J_ <br />c::::•„ <br />fi iGl�. <br />4"" <br />rt: <br />�y <br />i <br />iT <br />> �J <br />r <br />ry. d <br />_J_ <br />