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m <br />T <br />n � i M. i <br />M if; <br />• (� - C7 (n rZ 1 <br />CZD O —1 O .fir <br />P Z M N co CD <br />M � "'� -< Q O Q <br />w N p O <br />CD <br />2r �' <br />y M r` � c <br />� <br />Cn N G� W CD <br />G.0 p . -r <br />co O O <br />DEED OF TRUST WITH FUTURE ADVANCES U) • <br />200009300 4 ^lc � <br />`S o <br />THIS DEED OF TRUST, is made as of the 26th day of October, 2000, by and among GREGORY A. YOUNG, a single person <br />the Trustor, whose mailing address is 406 WEST CEDAR, DONIPHAN, NE 68832 (herein "Trustor ", whether one or more), the Trustee <br />NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address is, 1414 15TH STREET COLUMBUS, NE 68601 <br />(herein "Trustee "), and the Beneficiary, NEBRASKA ENERGY FEDERAL CREDIT UNION, whose mailing address is 1414 <br />15TH STREET COLUMBUS, NE 68601 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to GREGORY A. YOUNG (herein <br />"Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably <br />grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and <br />subject to the terms and conditions hereinafter set forth, the real property, described as follows: <br />Lot Three (3), in Block Three (3), in Gideon's Addition to the Village of Doniphan, Hall County, Nebraska. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal <br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, is hereby declared to be a 0part of the real estate secured by the lien of this Deed of Trust and all of <br />the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the3principal sum and interest evidenced by a promissory note or credit agreement <br />dated October 26th, 2000 having a maturity date of November 7, 2015, in the original principal amount of $37,600.00, and <br />any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or <br />any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of <br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to <br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed <br />of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation <br />guarantees, security 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 paid 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 created <br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender <br />before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other <br />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 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 named <br />insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby <br />and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under <br />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 sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by <br />Len der. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; <br />shall 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 commit, <br />suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly <br />discharge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any <br />part thereof. <br />7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br />"Proceeds ") inconnection with condemnation or other taking of the Property or part thereof, or for conveyance in lieu of condemnation. <br />Lender shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings, and shall also <br />be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of the Property is <br />so taken or damaged, Lender shall have the option, in its sole and absolute discretion, to apply all such Proceeds, after deducting <br />