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• ACKNOWLEDGEMENT OF DEED OF TRUST <br />TRUSTOR READ THIS BEFORE SIGNING: <br />89___104846 <br />Truster understands that the document thatTrustor Is about to ex9Ctlie is a Deed of Trust and not a morigsgeand thatthe power <br />r of sale provided for in the Deed of Trust provides substanflally diflerenkr4h;rf ind obligations to Trustor.than a rnOrtgttge In the event <br />f of a default or breach of obligation under the Deed of Trust. ItrcI din ttialtmited to, der's right to have the Property void <br />i by the Trustee without any Judicial proceeding. Trustor rEprese an ertants tha MIS nowtedgement was executed by <br />Truster before the execution of the Deed of Trust <br />�R :. lt. ,Poland Truster Qu ) <br />E S <br />14th K. ftlaind, Tnmtor wife). <br />DEED OF TRUST, WITH FUTURE ADVANCES <br />j <br />THIS DEED OF..T,FYST i as cf the day of____sepl- amba-r <br />19-82— by and ar arts <br />i the Trustot, Rrs sr AC. FoYand and J ; d3tti R Poland Husbaziti and Wife <br />i! whose malting address is ttrr• +�'a_i, t?�� 241 c :ndl Tni anti a (herein " Trustor," whether one or tare }; <br />i the Trustee, Willi= G. Blacicizus -i. ; a: M.Omber of the NE State I Bar Assn.' <br />! <br />whosen ailing- addiess is ___La- 0- Boo- 17Rr_..:..� and ze, end, NE 6H 02 2280 <br />(tierain 'Trustee`), and <br />f the Beneficiary, pig it u.�i <br />! whose mailing ad .6 . P. O. Bdx-- 1:507 Grand Island, NJr 68802-1507 t <br />FOR VALUA N�Sj f [IRMOtJ;: including Lender's extension of credit iden.Mad herein to Robert X. Poland - gad <br />Judith K. Poland, Cusband &Wife' (herein "Borrower ", whether one or mole) and the trust herein: <br />..;tasted, <br />the receipt of whidt rrs hereby ackrrowlkdgedi. Trustor hereby irrevocably grants, transfers, convays and assigns to Trtisloa„IN <br />TRUST, WITH Paltj A OF SALE, for the benefitand securay of Lender, under and subject to the terms and conditions hereirn�ilarset <br />forth, the real p,�j,�, described as follows: <br /># Sea Attachment <br />E <br />Together with ell buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurte- <br />1 nances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, a-^ d <br />such personal property that is attached to the improvements so as to o;�-Stitute a fixture, including; but not limited to, heat: -!g znz( <br />cooling equipment; and together with the homestead or marital interes *.;s; "any, which interests are tnprehy released and walvad, ali <br />of which, including replacements and addit or' thereto, is hereby devared to be a part of the rea)esUte secured by the lisini ilhfs <br />Deed of Trust and all of the foregoing bein5 r :flarred to herein as the 'tProperty ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and i. ,L sst evidenced by a promissory note or credit <br />i <br />agreement dated ._ _ 915/89 havirg a maturity awie of 12 31/96 in the original principal amount of s 11704ee_ nn _._,_ , and any u;a• 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"); (b) the payment of other sums advaitned by <br />Lender to protect the security of the Note; (C) the performance of all covenants acid agreements of Truster set forth herein; and•td) all <br />present and future i.rx."*3btedness and obligations of Borrower (or any of them ii more than one) to Lender whether direct. irdirrect,. <br />absolute or Contir:kw,2 and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and G ^a,'ind all <br />other docuents that iieeure the Note or otherwise executed h .wnnection therewith, including without limitation cUaranteas, security <br />agreements and as t;nments cf leases and rents, shall Cq- re ?erred to herein as the "Loan Instruments ". <br />Trusor coveRi}-!s and agr with Lerdar as follows. <br />I. fINyresntt Of lkitiebtednes2. All indebedness secured hereby sha;'l lye paid when due. <br />2. TNIe. Trusfor r,�• the owner of the ProVirty, has the right and au•ftority to convey the Pfol;erty, and warrants that ttr3• Len <br />created hereby is av fir,,' and pr;or lien on the Property• except for dens and encumbrances set forth by Trustor in wrii'rg and <br />delivered to Lender-befdre exn. Mion of this Deed of Trust, and the execution and delivery of this Deed of Trust does not v:Olateany <br />contract or other obligation tc wh-,ch Truster is subject. <br />3. Taxes. Asseeements. To pay before dellrquency all taxes, special assessments and all other charges against the Property <br />now or hereafter 164ijtd. <br />4. Ineurame Tor 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 toss 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, (H) to the Truster to be used for the repair or restoration of the Property <br />or (iii) 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 appucatton 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 />S. Escrow. Upon written demand by Lender_ Trustor shall pay to Lcndcr, in such nialliler 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 i <br />the Pr g' ( ) <br />opsrty, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance <br />required by Lender. <br />L 8• 11101"Mou e. Repake Mid COMPHance with Laws. Trustor shall keep the Property in good condition and repair: shall <br />Promptly repair, or replsce 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. suffer or permit arty act to bedone in or upon the Property in violation of any law, ordinance, or regulation, and shall pa ll not <br />promptly discharge at Trustor's cost and expense all lions, encumbrances and charges levied, imposed or asses <br />Prape±fiy or any part thereof. assessed against the <br />ErMrtsnt Domain. lender is hereby assigned all cumpensatiOn, awards. damages and Other payments or relauf (t;efelnclftur 1" ` <br />"Proceeds') in connection with condemnation or other taking of the Property or part troreo t. or for cenveyancQ ut hue of condantna <br />tion Lender shall be entitled at its option to commence, appear in and prosOcuto in ,ts Own nr#ma any actiflrt or teoof cord s. ria. <br />shaft aloe be entity to make any compromise of eottlernent in connection with such talon[) or damage In the uvc}nt any 4r.et.ur! or <br />kb .{bt!N,r,y,t,r•wa7UbC ) rt,v10 art <br />01489Nt!�.af Qartc +Cw"+r'+rcst,uata�f SsY.��. eis:.•wron tfr¢a'r Nahafa� �.. <br />