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1 <br />ACKNOWLEDGEMEW OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: Q�� 104740 <br />Trustor understands that the document that Trustor is about to execute is a Deed of Trust and not 6a�mortgage and that the power <br />of sate provided for In the Deed of Trust provides substantiallydifferent rights and obligations to Trustorthan a mortgage in the ervent <br />of a default or breach of obligation underthe Deed of Trust. including, but notlimited to, the Lender's rightto have the Property sold <br />by the Trustee without any judicial proceeding. Trustor represents and warmints that this acknowledgement. was executed by <br />Trustor before the execution of the Deed of Trust. <br />i r (Jean M. Itz) <br />U (Genlyn J. tAti 11121tR ) <br />DEED OF TRUST WITA FUTURE ADVANCES (Aod3w L. fifilliaar4 : <br />THIS DEED OF TRUST, is made is wf the _ day of JAY �• - . 19 89 by and among <br />Jean M. Ito, a si> s3le�asn and 92.:alyri J. WLUialis and <br />the Trustor. ... ' . <br />whose mailing address is " WO&OW33d W *,• Owd Islyde NE ; ` (herein'"Tra ror,° whether one or more;,), <br />the Trustee, Milian (ti, : a >FffdlW Of ¢tsar Aaaa=::9. -fcn <br />whose mailing address is v n 8— YAW Q13W T'-J :" F BE 68802M B (herein 'Trustee'). and <br />the Beneficiary. Five Points Bx* . <br />whose mailing address is P.O. F= >t507, toad I'kl�' M – (herein "Lender'). <br />FOR VALUABLE CONSIDEAATiOt�t, r'?r,;n� Lender's extension of credit identifiesfiwrein to Jean M. Ita and <br />... <br />' [ Arun„ .7_ 11 Tana (herein " Borroweel, vatether one or more;: a the trust herein created. <br />the receipt of which is hereby ackmatm aged, Trustor hereby irrevocably grtrro; tr3r9t rt5, eonveys.t ocf assigns to Trustee, IN <br />TRUST, WITH POWER OF• SALE, fac Y,rdsWmefit and security of Lender, under and subjecttatf:ia terms and conditions hereinafter set <br />forth, the real propeft,described as P,,$fows. lot Nittetea't (19) cif AoUsh Pieasa[tD 0i aloe SklAvisiai, A <br />9JotlivWm c7f lots T"Ly (201), ritMle trig lle (21), aid de Wnt 313' of lot 2tirLy (35J`cf Msftl'lm's SJMUVWM <br />Cf poet of the ftdweet Qtat+tet:' (tsP,) of &Krim eta Wt-ftm (27), whip Meet. W) cal, ftM tune (9) <br />WMIt eE the 6th P.M., till. °{ . Ater Zda. Mils deed aE t mst zutMes and mzfiats a dmd of trust reaorrler3 <br />as doaarett rul'ti 896- 104118 int the RBgLAw of Ctfice in HAU Ownty, Ndxaska <br />Together with ell buildings, imprevin -a ts. li- Mures, streets, alleys, passageways. easements, privileges and appurte- <br />nances located thereon or in anywise pertain %r*Q P *rYto, and the rents, issues and profits, reversions runI remalnders thereof, and <br />such personal property that is attached to the improvements so as to constitute a fixture, including, tet'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 part of tie real estate secured by. Me lien of this <br />Deed of Trust and all of the foregc.>'%being referred to herein as the "Property". <br />This Deed of TrusUal1w:5 secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit <br />agreement dated July 26, 1989 _ _ .., hay rfig a maturity date of 5, 1996 <br />in the original principal amount of S �. 70,000.00 and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory :notes or credit agreements (herein called "Note'l; (b) the payment of other sums advanced by <br />Lender 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 ardigbligations of Borrower (or any of them it more than one) to Lender whether direct, indirect, <br />absolute or contingent and whether *r. i3ing by note, guaranty, overdraft or otherwise. The '.dote, this Deed of Trust and any and all <br />other docuents that sec:; Ie the Note or otherwise executed in connection therewith, including without limitation guarantees, security <br />agreements and assiotw.+r:ants of leases and rents, shall be referred to herein as the "Loan instrumelits ". <br />Trustor covenants'and agrees with Lender as follows: <br />1. Pelyrnent of MdabledrNas. All indebtedness secured hereby shalt be paid when due. <br />2. Md. Trustor is the owner of the Property, has the right and authority to convey the Properly, and warrants that the lien <br />creiatdd bareby-is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor In writing and <br />delivered Mender Want 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 Fo which Trustor to aii0ject <br />I Taxes„ Assessmeft. To pay before delinquency al! taxes, special assessments and all other charges against the Property <br />now or hereafter levied.' <br />C. Insurance. To keep the Property insured against damage b y 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 foes payable to the Lender. In case of loss under such policies, the lender is authorized to adjust, collect and <br />compromise, all claimsthareunder and shall have the 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. (, q t0 the Trustor to be used for the repair or restoration of the Property <br />or (w) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before Such payment ever took place Any appncation of proceeds to indebtedness shall not extend or postpone the due <br />data of any payments under the Note, or cure any default thereunder or hereunder <br />S. Eata+arrr. Upon written demand by Lender. Trustor shall aav to Lender. in such manner as Lender .ray designate, suffi --lent <br />sums to enable Lender to pay as they become due one orrn ore of the fo' lowing (,) ali taxes, assessments and other chargssagainst <br />Me Property. (,i) it,.* premiums on trip property insurance required hereunder and (iii) the premiums on any mortgage insurance <br />required by Lender <br />L IS K@WMNa"#, NO"" a" CialitlpMNUe tows laws. Trustor shall keep the Property fin good condition and repair, shalt <br />promptly ropstir, or replace any improvement which may be damaged ar destroyed, shall not commit or permit any waste or <br />deteriorstion of the Propertf; Shalt not (aimo ve demo!-5h of s:;bstawaiely aiter any of the improvements an the Property. shaii not <br />Commit sutler or permit any act to bs done in far upon the Property in viva:tiCn o! any law, ordinance, or regulation. and shall pay and <br />promptly discharge at Trumor's cost and erpen%e all I•ens, encumbrances a,.d,c *arges levied. imposed at assessed agains'. the <br />PFDParty Gr any part thareaf <br />T EwAwMDom& n. Lender is hereby assigned ail CoTpentat: )n nwa,ds ,innaaes and other payments or relief (rerelnafter <br />Vror -Win' ) fir' Connecton with incl-, omflaiiors cr athi!lrtatrsng ut V70 Fruperrf or r;dre thereo" O' for comet ArtCe in 3;eu fit Co nde: 13 <br />t.:r.'+ t.Rtf'jer d?ta" bee ^`.:tied at 119 Cot:an to cami•-uncE it ✓GC s' r% LYf jirCSe: e!s ,r ,!g ^A! r 3rre i3 ^.y nGt :(Irj G" G'c?:r C(1'rirji Lind <br />51111" t!'Su Le CI "V d tq r'•3+e Q•If Vilgpr_'tn+so 6? Sett :C1T?er`t,•. ColiirC,'.r...•; M'., damage ;i, tim evert ariv jinn&. °n n =. <br />MC RHr.+�:r�yt !•af+Cr�Py. • i3 <br />C rMiil4•.��illt aOtr. :a.s *- .vrg9r.. �sAt2.e per r�rr K,! +.v, <br />�1 <br />