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ACKNOWLEDGEMENT OF DEED OF 'TRUST
<br />TRUSTOR READ THIS BEFORE SIGNING: 30— 106464
<br />Trustor understandsitiat the document that TruMiN t3 about tp execute is a Deed of Trust and not a mortggga and that the power
<br />of Will provided for in the Deed of Trust provides substantially different rights and obligations to Trustor than a Mort~ In the event
<br />of a default or breach of obtigatlon under the Dated of Trust. including, but not limlted im the Lender's right to have the PfopwW sold
<br />by the Trustee without any iuliicial proceeding- Trustot represents and warrants that this acknowledgement was executed by
<br />Trustor before the execution of the Dead of Trust eE JZZ
<br />(Kenneth E. Shuda, Trustor Husband)
<br />(Dianne & 8h U. A, Trustor bile)
<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />THIS DEED OF TRUST. i9 made as of the 24th day Of oct taa - I 19—M— by and among
<br />the Trustor. Kenneth E. Shudj and Diaatrte K. Shud&p Ku3l7and rx Wifo ,
<br />whose mailing address Is 4237 chAMOr Cixcrle Grand island. Im (herein "Truster." whether one or more),
<br />tlreTrustee, Fives fln4nh�Bank a Nebr ekes Cnrnorati n
<br />whose mailing address is P. 0. Sox- -1507. Grand Island, NE 68802 -1507 _ (herein "Trustee'?, and
<br />the Beneficiary, Five Pointe+ 13ctrt3f„ a Ranking Caxplatl ,
<br />18' And- HE goes ^� —t Spy (,herein "Lender').
<br />vx3tose mailing address Is n i1. tx�,.x pan�rrrra�i , . -
<br />FOR %v4.uABLE CONSIDERATIM ircMing Lenders extension, of credit identi%ed herein to Kenneth E. Shuda and
<br />Dim —a• it ahtiam _ HumbandjMd VIM (herein " f3;rtrakwer", whether one or more) and the trust herein created.
<br />the receipt of which is here acknowledged, Trustor hereby irreriacslay grants, transfers, conveys and assigns to Trustee„ IN
<br />TRUST, WITH POWER OF 15/4:. for the benefit and security of Lender. ; taer anct r; gbiectto the terms and conditions hereinaft+erset
<br />forth, the real property, aest.Tbed as follows:
<br />Lot Twenty Five (25) in Wmtstt vraod 7=1c Subdivision, Gr 3=(l island, Hall County,
<br />Nebraska
<br />Together with all buildings. improvements, fixtares.,*1reets. m'i'te), passageways,, easements, rights, privileges and appurte-
<br />nances located thereon or in anywise pertaining therVcn and the re Ms Issues and profits, reversions and remaatdams thereof, and
<br />such pers- -nal property that is allached to the improvements so as sa (constitute a fixture, including, but not limited ia, Pleatifinf a:nd
<br />cooling sCurmenk and together with the homestead or marital interests, if any, which interests are hereby released and walveit MI
<br />of which, i n4uc ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this
<br />Deed of Trust and all of 1ite3•':oregoing being referred to herein as the "Property ".
<br />This Deed of Trust sl;a)l secure (a) the payment of the principal sum and inte�eG1; Evidenced by a promissaq note or credit
<br />agreement dated October 23• tggo having a maturity date of ,A►rLl ZT Y.991
<br />in the original principal amPtInt of $ 123.0-00-0-0. and any and all modifczbons, rxaansl&s and rene"%
<br />thereof or thereto and any acid all future advancdes err readvances to Borrower (or any of there, 1 cvkre Zcn kne) hereunder
<br />pursuant to one or more protr:ssory notes or credit ag eements (herein called "Note "). (b) the paymert of cd'ter suers advanced by
<br />Lender to.protect the security of the Note; (c) the performance of all covenants and agreements of Tnistor set for ii Iteiein; and (d) all
<br />present and future indebtedness and obligations of Borrower (or art at them if more than one) 1# Lender whether direct, indirect,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, at,s Deed of Trust and any ar cii aJ l
<br />other docuents that secure the Note or otherwise executed in connectict, therewith, including without limitation guarantees, secutilly
<br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paad 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 sea- forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust and the execution and delivery of this Geed of Trust does not viola!+ �nj
<br />contract or 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 i„sured against damage bl& fir e. hazards included within the term "extended coverages', and
<br />such other hazards as Lender may require,. in amounts and with coma hies acceptable to Lender, naming Lender as an addlional.
<br />named insured, with loss payable to the Lender. in case of loss uridj r such policies. the Lender is authorized to adjust, coliax ,arltd
<br />compromise, alf claims Utereunder and shaft havethe option of appl fmg all or partotthe insurance proceeds(i)to any irtdebindri :ss
<br />secured hereby and In salon order as Lender may detxrmine, (it) to the Trustor to be ueed for the repair or restoration of the Property
<br />or (iii) for arty of her puipose� or object satisfactory to Lender without affecting the lien at this Deed of Trust for the vial} 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. E mow. 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, assessmrlifs and other charges against
<br />the Property. IN the premiums on the property lncurance required hereunder. and (iii) the premiuma.on any mortgage insurance
<br />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 />deterioration of the Property; shall not remove. demolish or substantially alter any of the improvements on the Property. shall not
<br />commit, Sutter or permit any act to be done in or upon the Property In vlolation of any law, ordinance, or regulation; and shall pay and
<br />promptly discharge at Trustees cost and expense all liens. encumbrances and charges levied, imposed or assessed against the
<br />Property or any part thereof.
<br />7. Emkwnt Domain. Lender Is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter
<br />"Proceeds') in connection with condemnation or other taking of the Property or part thereof, or for conveyance In lieu of condemna-
<br />tion. Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and
<br />shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of
<br />1OC3457MwWcuttur,lpo,MAW 10109
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