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F- 7 <br />I <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: 90-105982 <br />Trustor understands that the document that Trustor Is about to execute Is a Deed of Trust slid not a mortgage and that this power <br />of sale provided for In the Dead of Trust providers 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 Trust Including. but not limited to, the Lender's right to have the Property sold <br />by the Trustee without any judicial proceeding. Trustor represents an warrants that this acknowlWgement was executed by <br />Tntator before the execution of the Deed of Trust Z —i / , <br />Trustier <br />Trustor <br />f <br />DEED OF TRUST WITH FUTURE ADVANCES <br />THIS DEED OF TRUST, is made as of the 12th day of Octnher , i92Q_• by and &mane <br />i <br />the Trustor•, shier Hines, an unmarried person <br />wheats cnaitEr:s address Is 2005 12th Ave. Ce7Iral Citjl NE 68826 (herein "Trustor," whether one or more), <br />nr lee, LelAnd B. ,zones , <br />Whose mailing address is 1218 L St., Aurora, NE 68818 (herein "Trustee "), and <br />the ftnegchary, First National Bank of MargUette , <br />P 0. Box 39, Marti ette. NE 68854 _ herein "Lender" <br />whose rrlail.trtjj address Is it ( )• <br />I <br />i <br />FOR VALUA13LE CONSIDERATION, Including Lenders extension of credit Identified herein to 810ir Hines <br />(herein "Borrower ", whether one or more) and the trust herein created, <br />the.-receipt 0 which is hereby acknowledged. Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN <br />' .f <br />TRUST, WJ'T.f•i POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set <br />forth. tale real property, described as follows: Lot Twelve (12) in Block h ive (5) in Boggs do Hill s <br />j� <br />Addition to the City of Grand island, Hall County, Nebraska <br />_.. <br />t <br />Together with all buildings. Improvements, fixtures. streets• alleys, passageways, easements, rights, privileges and appurte- <br />nances located thereon or in anywise pertaining 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 />I <br />i <br />codling equipment; and together with the homestead or marital interests, if any, which interests are horehy released and waived; all <br />cf which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this <br />- — <br />iDeed <br />of Trust and all of the foregoing being retorted to herein as the "Property'. <br />!' <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />I <br />II <br />aS'r"�ment dated October 12. 1990 , havi►+g a maturity date of _.. Ur't " -hQ* 12, 2000 <br />in the original principal amount of $ 11 - 0011 , and any and al! modifications, extensions and renewals <br />vrereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder <br />"); <br />l <br />phi -scant to one or more promissory notes or credit agreements (herein called "Note (b) the payment of other sums advanced by <br />! � <br />Le idor to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all <br />present and future indebtedness and obligations of Borrower for any of them if more than one) to Lender whether direct, Indirect <br />absolute or conitingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all <br />other docuerts Prat secure the Note or otherwise executed in connection therewith, mcfuding without limitation gua►anteas, security <br />agreernenis and assigrmeants of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />- <br />, 1! <br />Trustor covenants and writs with Lender as follows: <br />1. Paytinew at Inds• All indebtedness secured hereby shall be paid when due <br />2. Tows. Twar]i is the :,wear of ;ha rroparty, has tho r;ghl and authority to convcy the Properly, and warrants that Ihr+ lien <br />created hereby Is a first and prior lien can the Property. except for liens and encumbrances set forth by Trustor in writing and <br />' <br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any <br />contract or other obligation to which Trustor is subject <br />v T..... Aumua,awa. TA nou NatMt•a Miltirmanf-v all fawaa anwrial aft"iiamanta and 211 other chames aaarnst the ProDerty <br />now or hereafter levied. <br />d. Insurance. To keep the Properly 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 toss payable to the Lender. In case of loss under such policies. the Lender is authorized to adjust, collect and <br />=,opr snuae, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (r) to any indebtedness <br />secured hereby and in such order as Lender may determine. p,) to the Trustor to be used for the repair or restoration of the Property <br />or (iii) for any other purpose or abject satisfactory to lender without affecting the lien of this Deed of Trust for the full amount secured <br />r <br />hereby bet" 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 />1 <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 (t) all taxes. assessments and other charges against <br />the Property, III) the premiums on the property insurance required hereunder. and (ri) the premiums on any mortgage insurance <br />required by Lender. <br />6. flllainleconce. Repsks and Compbanee with Laws. Trustor shall keep the Property in good condition and repair. shall <br />L <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 Properly, shalt not remove. demolish or substantially alter any of the improvements on the Property shall not <br />r <br />r' <br />commit, suffer or permit any act to be done in or upon the Property in violditun of an y law, or dinance or regulation. and shall pay and <br />promptly discharge at Trustor's cost and expense all hens. enct.mbrancea and c her ges levied. imposed or assessed against this <br />Property or any part thereof <br />r <br />7 ErnknM Doalialn. Lender is hereby assigned all componslation• swards. damages and other payments or relief ihereinaner <br />, <br />"Proceeds") in connection with condemnation or other taking of the Propaity of pill 1 Inerepf tit fur t. unvdyarce lit lieu of coildemna. <br />loon Lender shall be entitled at its option to cummen.-e appotir 'o ,4rit1 L - -osi+i_ t,rp , 'x owi% oamq any Action i„ pe tP.-t- edings and <br />Shell also be entitled to make Afro comprom,Se or semer'netit in ( t:'rwlet. tit)''- rv.th Such to «,r.y tit ,linage in the vvent any portion of <br />qtr J�f l,M.r.prau•,..... 1'wq,LNw •+ 112 <br />(� l w ti err 00 f w�.tvtu r•wi N..A SO.-Vo AttNUr•01w. t --Ali rM +.M• <br />