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FM_ <br />ACKNOWLEDGMENT OF DEED OF TRUST $9- 102924 <br />TRUSTOR READ THIS BEFORE SIGNING,: <br />Trustor understands that the document that Trustor iii about.to execute is a Deed of Trust and not a mortgage and that tho power <br />of sale provided for in the Deed of Trust provides st)bstantially different rights and obligations to Trustor than a mortgage in the event <br />of a default or breach of obligation under the Deed of Trust, inchrding, but not limited to, the Lenders right to have the Properly sold <br />by the Trustee without any judicial proceeding. Tlustttr rep(eflHnis afid "w tfHnts that this acknowledgemen! was executed by <br />Trustor before the execution of the Dees! of Trust. <br />� c <br />(Venneth E. lark) Trustor ( unband) <br />- f <br />(Phyllis A. Clark Trustor Wife) <br />DEED OF TRUST WITH FUTURE ADVANCES <br />T16YS DAD: OF TRUST, Is made as of the , 31— day of may <br />tt-te Trustor; Venneth E. Clark and - Phyllis A. Clark. Husba and wife <br />19_99..., by and among <br />whose maiYrfij address is 107 h?., 4th, Grand 7rr%JAd+ NE (herein "Trustor;' whether one or more), <br />the Trustee, wi l "am A_ Al ackNurn - A mernber, of the NE State Bas A° °n <br />whose mailing address is P. 0. Sox 22$g. Qrgnd aplgnd. ICE 58802 (herein "Trustee "), and <br />the Beneficiary, Ftyn 2ninta Rank <br />whose mailing address is P.O. Box 1507,2- Grand Island, ME 68802 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of 'credit identified herein to Venneth E. Clark <br />and PhEllia A. ­ Clark _ (herein- "Borrower", whether one or more) and the trust herein createo, <br />the receipt Ef..Atac1 is hereby acknc*redged, Trustor hereby Irrevocably grants, tr�aii4te-s, conveys and assigns to Trustee, IN <br />TRUST, th"4TH MWEh O SALE. for the benefit acid Security of Lender, under and subject t a'the terms and conditions hereinafter set <br />fc tk the rrekt,property, described as follows: • <br />7 <br />i <br />Lot Filve (5) and the westerly 26 feet of Lot Six (6), all in Block Thirteen (13), <br />Lambert's Addition to the City of grand Island, Hall County, Nebraska, commonly. <br />-- known'as 1406 Eaet 5th <br />r- <br />Together with 211 buildings• improvements. fixtures, streets. alleys, passageways. easements, rights, privileges and appurte- <br />nances located theteon or in anywise pertaining thereto, and the rents, msucs 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, which interests are hereby released and waived; all <br />of which, including replacements and additions thereto. Is hereby declared to be a pan of the teal estate secured by the lien of this <br />-Deed of Trust and all,of the foregoing being refdrreil to herein as the "Property ". <br />This Deed of Trust shall secure. Ob. 04 pa.yrrent of the principal sum and interest evr:tenced by a promissory note or credit <br />agreement dated May 3i, ligS9 having a maturity date of. June 5, 1992 <br />in the original principal amount of .5 4+ 400.00 , and any and an modifications, extensions and renewals <br />thereof or thereto and Any and all future advances and readvances to So.-rower (or any of them if more than one) hereundi3rr, • ! <br />pursuant to one or more promissory+ , Fetes or credit ayreerrerfs (t^.erein ca!ied "Note "); (b) the payment of other sums advanced by <br />' <br />Lender to, pretect.the security of -the Note: (c) the performance coverlantsand agreements of Trustor set forth herein; and (d) all <br />i <br />present acid future indebtedness and obligations of Borrower (or any of Mern i, 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 exocuted to connection therewith• mcluding without limitation guarantees, security <br />agreements and assignments of leases and rents. shall be refe'eed to herein as the "Loan Instrumects ". <br />Trustor covenants and agrees with Lender as follows- <br />1. Payment of indebtedness. AIL indebtedness sect:red here -by shall be paid when due. <br />2. Title. Truitir is the owner of the Property, has the right and authority to convey than Prope --Ly: ar sd warrants that the lien <br />. created hereby ,s.a first and prior lien on the Property, except for liens and encumbrances set forth Liy Trustor in writing and . <br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Vged of Trust does not violate any <br />contract or other obligation to which Trustor Is subject <br />I Taxot. Assessments. To pay before deltrquency 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". 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, collect and <br />compromise, all claims thereunder and shall have the option of applying all or pan of the Insurance proceeds (t) to any indebtedness <br />secured hereby and in such order as Lender may determine, (u) to the Trustor to be used for the repair or restoration of the Property <br />___ -- <br />or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this (Seed of Trust for file full 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 Property, (ii) the premiums on the property Insurance required hereunder, and (Iii) the premiums on any mortgage Insurance <br />required by Lender. <br />L 6 Maintenance) Repairs and Compliance with Laws. Trustor shall keep the Property if) good condition and repair, shalt <br />repair, replace <br />promptly or any Improvement which may be damaged or destroyed, shall net 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 permd any act to be done In or upon the Property In violation of any taw. crdinance, or regulation, and Shah pay and <br />promptly discharge at Tfustor's cost and expense all hens encumbrances and charges levied. ,mposed or assessed against the <br />Prop" or any part thereof <br />7 Er"hient Dorrrsln. 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