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ACKNOWLEDGEMENT OF DEED OF TRUST 90-105681
<br />TRUSTOR READ THIS BEFORE SIGNING:
<br />Truster understands that the document that Trustor Is about to execute is a Deed of Trust and not a mortgage and thatthe power
<br />of sale provided for In the Dead of Trust provides substantially different rights and obligations to Truster then a mortgage In the went
<br />of la default or breach of obligation under the Deed of Trust, including, but not limited to, the Lender's t Ight to have the Property sold
<br />by the Trustee wlthoul any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by
<br />Trustor beliors the execution of the Deed of Trust.
<br />Cooney Pro ertiesir Inc.
<br />By
<br />True
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />THIS DEED OF TRUST.. is tlodde as of the 27th day op September , 19_90 by and among
<br />the Trustor, Gooney .Properties, Inc. gg
<br />whose mailing address is 239 S. Lakeside Drive, Grand Islat�rsin�'Trustor$ whether one or more).
<br />Trusttt+e Five Pointe Bank, A Nebraska Corporation
<br />whose mailing address is P.O. Box 1507, (Grand Island, NE 68802 (heratn "Trustee "), and
<br />the IBeneticlary, Five Points Bank
<br />whose mailing address is —P.O. Box 1507, ..9,r4Red Island, NE 68802 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to COOntay PC912ertie8,
<br />Inc, (herein "Borrower ", whether one of snore) and the trust herein created, `
<br />the receipt of which is hereby acknowledged, TrusiloT t+ereby irrevocably grants, transfers, convoys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set
<br />forth, the real property, described as follows:
<br />Lot Fourteen (14), Block Five (5), Koehler Place, in the City of Grand }
<br />Islandii Hall County, Nebraska
<br />and See Attachment
<br />Together with ell buildings, improvements, fixtures, streetc alleys, passageways, easements, rights, privileges and appurte-
<br />nances located thereon or in anywise pertaining thereto, and the rents. Issues and profits, revue ^sums and remainders thereof, and
<br />such persona( property that is attached to the Improvements so as to constitute a fixture, Including, but not limited to, heating and
<br />cea$:ng equipment and together with the homestead or marital Interests. If any, which Interests are horehy released and waived; all
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<br />cl w,hich, including replacements and additions there s hereby declared to bi, ,r part of the real estate secwed by the Ilan of this
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<br />Deed of Trust and all of the foregoing being referred tc noteln as the "Property'.
<br />This Deed o'1 Trust shall secure (a) the payment of the principal sum and interest eviderrc ed by a promissory note or credit
<br />September 27, 1990 September 27, 19.5
<br />agreement dated _.. P �_._ —_. _ __. havlrg a maturity date of
<br />►—^�
<br />In the original principal Amount of i 98 .000-00 _. _.__- , _.__ , and any Ara al' roodifrcations. extensions and refrewals
<br />thereof or theeeb and any and all futuurr advances and readvancru:a to Borrower iov any o' team It more than one) httreunder
<br />pursuant to ode nor more promissory notes or credit agreements (r• @deir, celled "Now';.- ',: (b) ft'.p.psyment of other sums advanced by
<br />Lander to protect the security of the Note. (c) the perlo►mance of all covenants at?a .ugieements of Truster set forth herein, and (d) all
<br />pven.an and future indebtedness and obligations of Bo +•�+wer (or any of them If: rr : than one) to Lender whether direct, indirect
<br />absolute or contingent and whether arising by note, guava,?ty. overdraft or otherwise The Note, this Deed of Trust and any and all
<br />other docuer b t *at secure the Note or otherwise executed ir'e connecllor therewith, irc!udeng without limitation guarantees, security
<br />t
<br />agreements anac alasignments of leases and rents. shall be refer rest % retain as the " L Gan lmst.cumonts '
<br />1
<br />Tuustor covenants and agrees with Lender as follows
<br />T Payment of IndsWsdnsaa. All indebtedness secured herebit sr a.N be Farr at-on due
<br />Tate. Truster is the ca ^er of the Orpperty ha.r; rt-ta ',Uhl a -;� a,.thn.rty t^ :^—v', !�[ Properly and warrants that the Iran
<br />created hereby Is a first and urrar lien or the Property eiceept or, dens and e►t6;umbrances get forth by Trustor In waling acrd
<br />delivered to Lender before execution of tf s Deed of Trust rand the ktw,n"ution and delivery cf 1r7,s 7)eed of Trust does not trlo{ate arty
<br />contract or other obligation to which Truswr is subject
<br />3. Tax". AsasssmstMs. To pay before delinquency al! taxes sr%e coal assessinents and a +l other charges against the Drury
<br />now or hersatier levied
<br />A iwwrawve. 7o wady i?raP,Opwiy rrSUreO agatnsr esat*.age e r lire, nalerGS -.� L w-j salon me term extenaeo coverage ano
<br />such otfgr hands as Lender rtay ►eQutre. ' n iimOurts .lr•d *al :oirpaniev aLCtlltab a f� ;.ender, nary ing Lender as a ,' add +rant
<br />named woured, with loss payable to the (Lender in cast or •cs+ ,rTdt such pol,C•es tt a -r„Oehr iw authofited to adµeSi. Ca'lhcr and
<br />eon'gjlrofftfse, all Claims thereunder and stifa,i have ttte Qpt.(, *I o• r.arp y• ng al; uJ part of tt;d .r s.. X%%;V prut:utsds ti) t0 any 'fl dttrtedness
<br />secured helaby and in such order as Lender may Iseleemow I -i to the Trustor to be used for ire ►e ultr or restoration of the Property
<br />- _ —_ --
<br />or(m) For any other purpose or object salisfaetap ?o Letndw wlr."ul affecting the lien of W s D*W of Trust for the full amount secured
<br />hereby before such payment ever took place Any 4t p car on nt aroceeas to indebtedness shall not extend or postpone the due
<br />date of any payments under Ow Note, or cure any default ther*, ,i r of heteutidet
<br />3 Escrow. Upon written demand by Lender. Trustor shall pale to Len4e• ^ s.. n marine- as Lender may designate, sufficient
<br />sums loanable Lender to pay as "become due one or more of the f 000w.+n-4 w vrl taxes assomments and othet char g9s against
<br />the Property. (u) the premiums on the property ui_utance, required hereurraw. anal (itnT the premiums on any mortgage insurance
<br />required by Lander.
<br />6 Repors anal ComplUnce with Laws. Trustor shalt keria me Property in goad condition and render, shall
<br />promptly repair. Or replace any improvement which may be damaged or destroyed shall not commit or permit any waster or
<br />deterioration of the Property. shall not remove demoltsh or substant+ally alter any of We . mprovements on the Prop@r>1, shall not
<br />canntll sufYef or pWM,l any act to be done in of upon the Property ,t, ►• ovation of any law tutu nanLe Ur 1"@g ,lat,url and 11"811 pay and
<br />h+
<br />promptly discharge al Trustot a Lost and expense all loan$ encumbrancer e00 charges '►r..ed -'?'Lustd l,1" assessed against the
<br />Property of any pan thereof
<br />7 Eallla a Domain. Lender is hereby assignood all i.ompenusuort a*atds damage% :1' .1 •Ot, r ern n r *V1.011 r
<br />Y pay a t! J /hei@,rtarte
<br />r
<br />i
<br />Pioceeds•1in LoeinALttoti Ntth cond{tmitahpn or other tak•nV of the (t•ttlrprfly q• p3tt thpreol p, for t.. •t•p►Jnt.b ,e i,ed of . ptidbmna.
<br />ton LWWW shall be eni•ileA at its option to l t•rntrte'iL a ti'i't'x' t' it, .t I, ut. ,,t1" " 14 r•Mr, t+dtr,e at•t a• 1•t•'. <•' 11 ", 0.6•d-hJJS .1"il
<br />shall also be e811111ed to make Stir c ornplumise, or seniement •n l a1.lh %u: 11 tilt .. 1"•r ;111mpVp In 11" +H N•Ptt1 do ► pryrl.pn t0
<br />Mi W f 660. • M
<br />111 �xirW aw M l .,n.rr. at 1, 4 ✓.{ /...,�. Y... r.,.. +..� t..•. t1".
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