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M = DM <br />= D Z _ <br />♦ �7 i <br />c <br />200007843 <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the 11th day of September, 2000, by and among the Trustor, John P Buettner and <br />Kimberly D Buettner, Husband and Wife, whose mailing address is 5732 Colwells Road Lincoln NE 68516 (herein "Trustor ", <br />whether one or more), the Trustee, WEST GATE BANK whose mailing address is 1204 WEST "O" STREET, LINCOLN, <br />NEBRASKA 68528 (herein "Trustee "), and the Beneficiary, WEST GATE BANK whose mailing address is 1204 WEST "O" <br />STREET, LINCOLN, NEBRASKA 68528 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to John P Buettner and <br />Kimberly D Buettner (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described <br />as follows: <br />LOT TWO (2), BLOCK FOUR (4), WESTERHOFF'S 2ND SUBDIVISION, GRAND ISLAND, HALL <br />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 remainders thereof, <br />and 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, which interests are hereby released and waived; all of <br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed <br />of Trust and all of the foregoing being 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 Promissory Note or Credit <br />Agreement dated September 11, 2000, having a maturity date of September 15, 2001, in the original principal amount of $15,350.50, <br />and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower <br />(or any of them if more than one) hereunder pursuant to one or more Promissory Notes or Credit Agreements (herein called "Note "); <br />(b) the payments of 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 any of them if more <br />than one) to Lender whether direct, indirect, absolute or contingent and whether arising by Note, Guaranty, overdraft or otherwise. <br />The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, <br />including without limitation Guarantees, Security Agreements and Assignments of Leases and Rents, shall be referred to herein as the <br />"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 warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered <br />to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br />other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments 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 ", <br />and 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, collect 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, (ii) to the Trustor to be used for the repair or restoration of the Property or <br />(iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of <br />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, <br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges <br />against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage <br />insurance required by Lender. <br />6. Maintenance, Repairs 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 />C> <br />CD <br />W <br />(C._� <br />-1 <br />c:- �> <br />::0 <br />r ^ <br />-1 rr• <br />O <br />D. <br />N <br />n <br />CD <br />N <br />N <br />-,. <br />CD <br />-.. <br />CD. <br />r— z <br />ND <br />co <br />co <br />1 <br />CD <br />C!1 <br />C-D <br />C0 <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the 11th day of September, 2000, by and among the Trustor, John P Buettner and <br />Kimberly D Buettner, Husband and Wife, whose mailing address is 5732 Colwells Road Lincoln NE 68516 (herein "Trustor ", <br />whether one or more), the Trustee, WEST GATE BANK whose mailing address is 1204 WEST "O" STREET, LINCOLN, <br />NEBRASKA 68528 (herein "Trustee "), and the Beneficiary, WEST GATE BANK whose mailing address is 1204 WEST "O" <br />STREET, LINCOLN, NEBRASKA 68528 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to John P Buettner and <br />Kimberly D Buettner (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described <br />as follows: <br />LOT TWO (2), BLOCK FOUR (4), WESTERHOFF'S 2ND SUBDIVISION, GRAND ISLAND, HALL <br />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 remainders thereof, <br />and 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, which interests are hereby released and waived; all of <br />which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed <br />of Trust and all of the foregoing being 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 Promissory Note or Credit <br />Agreement dated September 11, 2000, having a maturity date of September 15, 2001, in the original principal amount of $15,350.50, <br />and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower <br />(or any of them if more than one) hereunder pursuant to one or more Promissory Notes or Credit Agreements (herein called "Note "); <br />(b) the payments of 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 any of them if more <br />than one) to Lender whether direct, indirect, absolute or contingent and whether arising by Note, Guaranty, overdraft or otherwise. <br />The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, <br />including without limitation Guarantees, Security Agreements and Assignments of Leases and Rents, shall be referred to herein as the <br />"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 warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered <br />to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br />other obligation to which Trustor is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments 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 ", <br />and 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, collect 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, (ii) to the Trustor to be used for the repair or restoration of the Property or <br />(iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of <br />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, <br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges <br />against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage <br />insurance required by Lender. <br />6. Maintenance, Repairs 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 />