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r <br />ACKNOW &EM51,l [T OF DEED OF TRUST <br />TRUiSTOR READ THIS BEFORE SIGNIIM. 89-404780 <br />Truster understands that the document that TruVoa'ss abW11to execute is a Deed of Trust and rot a mortgage and that the lower <br />of sale provided for in the Deed of Trust Inrov1dess11besnti11tky,C *Brent rights and obligations to Trusforthan a mortgage in the event <br />of a default or breach of obligation under the Ceed of Trust, Intituoing, b not limited to, the Leridefs right to have the Property sold <br />by the Trustee without any judicial proceeding. Trurar roptm,n nd rants that this acknowledgement was executed by <br />Truster before the execution of the Deed of Trust. <br />(Vafteth E. Clark, Trustar tsbandl <br />kka <br />('0hyi is A. Clark,,Trustor, Wife) <br />DEED OF TRUST WITH FUTURE ADVANCES <br />.T'HiS DEED OF TRUST, is made as of the 18 day of A -guest , 19 -a!L- by and among <br />the Trustor, enne h E Clark and PhyrIliS A e ar}. Husband and Wife <br />whos&mailing address is 107 Wear Ath nvxpd r— TAIAna, M (herein "Truster;' whether one or more), <br />the Trustee, William G Blackburn a member of the NE State Bar Assn. , <br />whose mailing address Is p e gay- 11pen- *mane island, Ne 68802 -2280 (herein "Trustee'), and <br />the Beneficiary, Five: Paints Bank <br />whose mailing address is <br />P-0. Box t 5a7�Gransl Tslarsd NE 68802 -1507 (herein "Lender'). <br />FOR VALUABLE CONSiDERATiON. iricl►ading Lender's exteasiob,af•credit identified herein to Venneth E. Clark & <br />Phyl : s A. Clark Wife (herein "Borrower ", whether one or more) and the trust herein created, <br />the receipt of which is hereby acknowle+l+;�'r. Trustor.hereby irrevocatoty grants, transfers, conveys and assigns to Trustee, IN <br />TRUST; WITid. z''Q'+firER OF SALE, for the bei-efef and security of LencL ri under and subject to the terms and conditions f ere rafter set <br />forth* � p�:erty. described as foltciri,e: Half (�) of Dorf; 7 on Effendi in 9acs`.iat 9, Tawcrsltip . t. Nardi <br />Rasge g ,i. Gt31 g.M., M11 Cauatty, Nel�aaka "mptdrt9 therm that Part thereof OQ1Veyed to the OmOt`y Q2 Hal1, <br />State cf Via, mwe pwIticuliwly dee=itied in Wariarty Deacls zeaa ided in Book 34, gaga 40$*_wa'9ock 71, Page <br />r'. 161,, and t, = meth Uzi= 76402655 in the Offits of the Re4istec of Deeds, Hall Cotstty, Nei>z1 <br />Together w:ts all buildings, improvecre,ta; )ixtures, streets, alleys, passageways, easemar ; Yp1,- >.;.I"ivileges and appurte- <br />nances located thereon or in anywise perldin.ng thereto, and the rents, issues and profits, revers .:n3 anti ramatnders thereof, and <br />such personal property.that is attached to the improvements so as to constitute a fixture, including, but r.'ct Limited to, heating and <br />cooling equipment: and tog0h.+ - with the homestead or marital interests, if any, which interests are hereby released and waived; all <br />of which, includirs,; reptace��'enU .a-t thereto, is hereby declared to be apart of thereat estate secured by the lien. of this <br />Deed of A- pin referred to herein as 0"e !'Property". <br />This Deed of Trust s:z !,: ,a:i ire (a) the payment of the principal sum and Interest evidenced by a G-amissory note or credit <br />ag�r69ment dated Auqu st 18, 1989 having a maturity date of $02te; �Zq 1. 1999 <br />in the original p•t-,.cipal amount of $AO �a 3 nn and any and al! mciJ ` Lac. 4 +143, extensions and. vw� wals <br />frzceof or thereoa aid any and all fut4re s vances and reacva_,!+res to Borrower (or any of ivn;f,. it mcrna than one) hoc- %.'rt1er <br />G;:rsuant to one c r f ere, prci* ' :Uory news as, _ , credit i:;( ur- ^.ear.: ;^.Vrein called '-N:tel: (b) the payment rill V fier sums advance4 by . . <br />Lender to protect Ltis r ..* yf the 144a:;1 c` the pe:'crm.�n ce cf �" covenants arc! agreements of Trustor <_eV: orth herein; and (d) all, <br />present and future.; fnLlebtedness and o!:'1:,r;w -j3ns of Borrower (cr a ^y of them it more than one) to Lender whether direct, indirect, <br />absolute or corft; , ;ent and whether aricmg lay note, guaranty, o),&­-'raft or otherwise. The Nctr, ,his Deed of Trust and an,+ and all <br />other docuents that secure the Note or otherwise executed it c• nr.ection therewith, including w,;V­ out limitation guaranterz*, a.rrirlty <br />agreements and assignments of leases and rents, shall t:e referred to herein as the "Loan Ins'_':ments ". <br />Trustor covenants and agrees with Lender as follow!:: <br />1. Payment of Indsbtedrlim. All indebtedness sev red 1,Lrehy shall be pail when due. <br />2. Ms. Trustor is the owner of the Property, has the eight ar.d authority to Convey the Property. aril warrants that the lien <br />ca *aced hereby Is. a first and prior lien on the Property, except.ra,: i:ens and encumbrances set forth by Trustor in writing and <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 ablidation to which Trustor is subject. <br />3. Taxes, Asaeies ieotf. To pay before detirquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Inwrance. 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 part of the insurance proceeds (i) to any indebtedness <br />secured hereby and in such order as Lender may determine. (ii) to the Trustor to be used for the repair or restoration of the Property <br />or (Ili) 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 app+ication 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 />sumsfOenabfeLeaderto pay ast iieyberofni@ dueoneormoreotthefallowing •(i)alltaxes.asses mcntr,andotherchavgo.:cgWin:t <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. Mdnientanee, 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 />dete rioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not <br />commit, suffer or permitany act to t)e done in or upon the Property in violation of any law, ordinance. or regulation. and shall pay and <br />promptly discharge at Trusto►'s cost and expense all lens, encumbrances and charges levied, imposed or assessed against the <br />Property or any part thereof. <br />T. EmUmll Dmaln. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds") in connection with condemnation at other taki rig of the Property or part thereof, or for conveyance in lieu of condenina <br />Lion Lender shall be entitled at its option to commence, appear In and prosecuto in its own name any notion or proceedings. and <br />shatf also be entitled to make any compromiStt of settlement In con necr,0:n with such taking or darnaw fn the event any Portion of <br />rttlC tISt+Nm,ar,e n•�tl,waiRSr ib INNS <br />O rqN Nr wf eaN Cr CO�.�r�ee n,;ar i,w-!n tad,:,• <br />Z <br />.f <br />I <br />r►+ <br />r• r <br />i <br />i <br />