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ACKNOWLEDGEMENT OF DEED OF TRUST 59--- x.028'7 7 <br />TRUSTOR READ THIS BEFORE SIGNING. <br />Trustor, understands that the document that Trustor is about to execute is a Deed of Trust 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 Truster than a mortgage in the event <br />of a default or breach of obligation under the Deed of Trust. including, but not limited to, the Lenders right to have the Property sold <br />by the Trustee without any judicial proceeding. Truster represents and warrants that this acknowledgement was executed by <br />Trustor before the execution of the Deed of Trust <br />Arnol , Wang. -, �'Trustor Husband) <br />(L lnda C. Wenn Trustor Wife) <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST. is made: as of the 5th day of June t9 89 by and among <br />the Trustor, Arnold G. Wean and Linda C. Wenn, Husband and Wife <br />whose mailing address is 4097 west, Ga ,it+ t-Ai - grand Trsqi and. NF, (herein "Trustor," whether one or more), <br />the Trustee. William G. Blackburn a member of the NE State Bar Assn. <br />whose mailing address is P -O- Box 2280, Car d island. NE 68802 (herein "Trustee "), and <br />the Beneficiary, Five paints Ranh <br />whose mailing address is P. O. Box 1507, Grand Island, NE 68802 _ (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein. to Arnold C. Wenn <br />and Linda C. Wenn, Husband & Wife (herein "Borrower". whether one or more) and the trust herein created, <br />the receipt of which is hereby acknowledged. Taster hereby Irrevocably grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE. for the benefit and secu+'ty of Lender, under and subject to the terms and conditions hereinafter set <br />! <br />facth, the real property, described as follows: <br />r = <br />The Westerly Twenty Two (22) Feet of Lot Three (3). and the•.Easterly <br />Ji <br />Twenty Two (22) Feet of Lot Four (4), Block Sixty Nine (69), <br />_ <br />Original sow a;, rqQ-* City of Gedud isaland, Haii Cvunty, N <br />Together with all bu:IQ:r.$s :r^prraveme ^ts, fixtures, streets. alleys, Passageways. easements, rights, privileges and appurte- <br />nances located thereon or in anywise pertaining thereto, and the rents. issues and profits, rei ersions and remainders thereof, and <br />such personal property that is attached to the Improvements so as to constitute a fixture. Irci.ud;.ng, but not limited to, heating and <br />cooling equipment; and together with the homestead or marital interests, if any, which interests aso horehy released and waived; all <br />of which, including replacements and additions thereto. is hereby declared to be a part of their at estate secured by the lien of this <br />Deed of Trust and all of the foregoing being referred to herein as the " Prop4rty ". <br />'This Deed of Trust shall secure (a) the payme ^t• of the principal sum anrd. i - teiest evidenced by a promissory note or credit <br />r <br />' <br />agreement _ Mina S i�4 <br />9 � �3._�___— __, having a maturity date of June 5. 1990 <br />• _ <br />in the original principal amount of S. 30•,450.•63- and any and a!'• retodifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (cr any of them if more than one) hereunder <br />' <br />pursuant to one or more promissory Motes or credit agreements (herein called "Noce "). jbl the payment of other sums advanced by <br />: <br />Lender to protect the security of the Note, (c) the performance of an covenants and agreements of Trustor set forth herein; and (d) all <br />; <br />present and future indebtedness and obligations of Borrower (or any;of them if more than cre 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 securethe Note or otherwise executed in connection therea tn..;nc!uding without hmitat an guarantees, security <br />agreements and assignments of leases and rents, s-Ma :i be referred to herein as St;fc "Loan Instruments ". <br />Trustor covenants and agrees with Lender as follows. <br />1. Payment of Indebtednew- All indebtedness secured hereby shall be pald.wllert doe/. <br />2. Title. Trustor is the owner of the I =ro,.e -ty, has the right and authority to C_',)rvvey tire, Property, and warrants that the liere' <br />created hereby is a first and prior ben. of tie Property. except for liens and Wcurnbrances set forth by Trustor in writing artd <br />delivered to Lender before execution Qf th•�Oeed of Trust, and the <br />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. Ausissmants. To pay bat*ir =- ,3ehnqueric•y all taxes, special assessments and all other charges against the. Property <br />now or hereafter, f6vied. <br />4. Insura To keep the Property ins fired againstdamage by fire. hazards included with i n the term "extended coverage". and <br />such other hazards as Lender may require. in amounts and with companies acceptable to Ler9cter, 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 thel ,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 iepair or restoration of the Property <br />or (iii) for any other purpose or object satisfactory to Lender without affecting the ben of this DeE4 of Trust for the full amount secured <br />- - <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 uncle! 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 Property, (it) the premiums on the property Insurance required hereunder, the <br />and (it) premiums on any mortgage Insurance <br />required by Lender. <br />6. Maintenance, Repair* and Complianes with Laws. Trustor shall keep the Property in good condition and repair, shall <br />promptly repair, or replace any improvement <br />which may be damaged or destroyed, shall not commit or permit any waste or <br />deterioration of the Property, shall not remove, demolish <br />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 Trustorrs cost and expense all bons. encumbrances and charges levied, imposed or assessed against the <br />Property or any part thereof <br />r. <br />Eminent Domain. Lorder ig hereby assigned all comp(rnsahon damages and other oayrri(fnt% nr rnlmf (h(ye- natter <br />pfrJ1:.(i(xl:r <br />; <br />r to cunnertiort wan condemnation or othfrr takmg ul tho Property ur part thereof or tot conveyanct, ,n I:feu n! t ends rnntf <br />Letider g.T,ali be f ntitiijo %1t rtq upl,on to r.om -em-o appear •n and pr osecuto .n •1% o*n name ar, <br />e(in <br />ar.t on (•r pro, :(md"" q, dnd <br />ire Bn(,pp 1 tU r ",r1Yn a'•y urr.jirnr "i6e or SQ111(ririnr,t - (,felrw ;.friar, &.1h suLh lai,.irg or darnaOt, Iii !t:(. (,y('.,t ,r", Nut of) pr <br />, <br />kIP tti r - rr, +J, •- , „ w: nr, , r✓[ <br />