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`+r °. rW'4' 5: •'��gll�t�'t�8�4 �:JY y It ?tr7. • (f {�t�''i'if� ?il�rti ,r ti{•' ,A , �yjiSr J•, n • f 1 1 ACKNOWLEDtiEMENT OF DEED OF TRUST 90_ 107136 TRUSTOR READ TMIS BEFORE SIGNINIM Trustor understands that tha document that Trustor is about to execute Is a Deed of Trust and nol a mortgage and that the power of sale provided for In the Deed of Trust provides substantially different rights and obligations to Trustor than a mortgage In the event of a default or breach of obligation under the Deed of Trust, including, but not limited to, the Lender's right to have the Properly sold by the Trustee without any judicial proceeding. Trustor represents and warrants that this acknowledgement was executed by Trustor before the execution of the Deed of Trust. -p n d o - Joldhiii M. Fredrick Trustor Trustor DEED OF TRUST WITH FUTURE ADVANCES TH S DEED OF TRUST, is made as of the 23rdday of November . 19M- by and among the Trustor. Jolene M Fredrick, a single person whose mailing address is 2301 W. 2nd Grand Island NE 68801 (iwnin "Trustor" whether one of mon), the Trustee, Five Points Bank, a Nebraska Banking Corporation whose mailing address is P • 0• Box 1507 Grand Island NE 68802 (herein "Trustee'), and the Beneficiary' Five Pni nt-n Rank, a Nebraska Banking Corporation whose mailing address Is P.O. Box 1507 Grand Island NE 68802 (herein "Lender'). FOR VALUABLE CONSIDERATION, Including Lender's exterswn of credit identified herein to Jolene M . Fredrick , a single person (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grar•rs transfers, conveys and assigns to Trustee' IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under ana subject to the terms and conditions hereinafter set forth . the real propperty, described as follows: Lo n (1), Two (2), Three (3), Four (4) and Five (5), Block Eighteen (18), Baker's Addition to the City of Grand Island, Hall County, Nebraska. Together with all buildings, Improvements, fixiires, streets, alleys, passageways, easements' rights, privileges and appurte- nances located thereon or In anywise pertaining thereto, and the rents. issues and profits, reversions and remainders thereof, and such personal property that Is attached to the improvements so as to constitute a fixture, Ir1 c:vding, but not limited to, heating and cooling equipment; and together with the homestead or marital interests, If any, which Interes,.a we hereby released and waived: all of which, Including replacements and additions thereto. Is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "Property ". This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement dated November 23, 1990 having a maturity date of November 23, 1999 in the original principal amount of $ 21 , 904. 30 , and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Harrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note: (c) the performance of all covenants and agreements of Trustor set forth herein; a rd (d) all present and future Indebtedness and obligations of Borrower (or a ny of them if more than one) to Lender whether direct. Indirect, absolute or contingent and whether arising by note. guaranty, overdraft or otherwise. The (vote. this Deed of Trust and any and all other docuents that seeurethe Note or otherwise executed in connection therewith. including without limitatton guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". Trustor covenants and agrees with Lender as follows: 1' Payment of Indebtedness' All indebtedness secured hereby shall be paid when d:.e. 2. TM9. Trustor is the owner of the Property, has the rlgnt and authority to convey tale Property, and warrants 141at the lien created 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 before execution of this Deed of Trust. and the execution and delivery o' this Deed of Trust does not vlaiate any contract or other obligation to which Trustor Is subject. 3. Taxes, Assessments. To pay before delinquency all tares soeclal assessments and all other charges against the Property now or r.ereaRer levied. 4. lnnuranee. To keep the ProyerP; Insured against da -ra.je by lire. hazards Included w lhlr ire term "eRtended ccvera„� . and sucr; ©:ter hazards as Lender may Iettwre. In amounts and w':- :nmpames acceptable to Larder, naming Lender as ar a�dtlitlonal named insured. with loss payable to tnQ Lender In case of loss under such policies, the Lereer Is authorized to adjust, collect and compromise, all claims thereunder and shall have t ^.e eoaon of applying all or r a'• :f the Insurance proceeds -to any Irdebtedness secured hereby and in such order as Lender may ceiermine. fill to the Trustor 1� � used for the repair or reworatior, o' the Property or (M) for any other purpose or cbject satisfactory to Lender wlthot.t affecting the Iler. of this Deed of Trust for the full arrour: secured hereby before such payment ever took place. Any application of proceeds to irdebtedness shall not extend or postv'cre Ine due date of any payments under the Note. or cure any default thereunder or hereunder 5. Escrow. Upon written demand by Lender Trustor shall pay to Lender. In such manner as Lender may designate. su"r'cient sums to enable Lender to pay as ihey becumt: uur i:'•e u1 n cn. Gi iilb iGiiAir'i'y- 1n o° iuio5. aoacoo -o'a5 oqu vw or G`.o:yva oyoi„at the Property, (if) the premiums on the property 'r,s,:•arCe required hereunder, and (III) the premiums on any mortgage insurance required by Lender. 6. Maintenance, Repairs and ComphAnce with Laws. '•js'or shall keep the Property in good condition and repair; shall promptly repair, or replace any improvement wr*•ch may to c3maged or destroyed. sr�aic not commit or permit anv waste or deterioration of the Property; shall not remove aernsllsn c r suostantially alter any of tre - Torovements on the Property, shall not commit, 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 discharge at Trustor's cost and expense an reens. encumbrances and charges levied. imposed or assessed against the Property or any part thereof. 7. Emlwt Domain. Lender Is hereby assigned al I compensation, awards, damages and atrler payments or relief fherelnaher 'Proceeds') in connection with condemnation or other take ng of the Property or part thereat. or nor conveyance in lieu of ca ndemna- bon. Lender shall be entitled at Its option to commence, appear In and prosecute In Its own name any action or prdceeal ngs, and shall also be entitled to make any compromise or settlement in connection with such taking or damage. In the event any portion of NK 30711141mmwn ftwU DMI n" 10 00 t O 111M M.t'errl Mn► a co'1"'wo� r ",a .r'e S�.+qs 11uac w'a.l �„ICOw' ul.a„r, ' l: lj • 1 ,i,