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:,�;,. ` 1:4 ACKNOWLEDGEMENT OF DEED OF TRUST TRLJSTOR READ THIS BEFORE SIGNING: 90---107262 Trustor understands that the document that Trustor Is about to execute is a Deed of Trust and not a mortgage and that the power of sale provided for In the Deed of Trust provides substantially different rights and obligations to Trustor then a mortgage in the evert of a default or breach of obligaton under the Deed of Trust, Including, but not limited to, the Lender's right to have the Property 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 J n _ t DEED OF TRUST WITH FUTURE ADVANCES THIS DEED OF TRUST, is made as of the 7th day of Decemher , 199D— by and among the Trustor, T J and Bonnie Aguilar, husband and wife P.O. Box 99 Grand Island NE 68802 -0099 what milling address Is (herein "Trustor;' whether one or more), the Trustee. FIVE POINTS BANK, a Nebraska Banking Corporation whose mailing address IsP . 0. Box 1507 Grand Island H6 68802 (herein `Trustee) and the Beneficiary, FIVE POINTS BANK, a Nebraska Banking Corporation whose mailing address IsP P.O. Box 1507 Grand Island NE 68802 (herein "Lender "). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to 'I' Ag n; Ito r a n d Bonnie Aguilar, husband and wife_ (herein "Borrower ", whether one or more) and the trust herein created, the receipt of which is hereby ackc tzwledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, fw the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property, described as follows: The Nothernly Ninety and Five— Tenths feet (90.5) of Lot One (1), in Block Fourteen (14), in Baker's addition to the City of Grand Island, Hall County, Nebraska. Together with all buildings. Improvements, fixtures, 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, including, but not limited to, heating and cooling equipment; and together with the homestead or marital interests. if any, which interests are 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 December 7, 1997,1990 , having a maturity date of Df37 - 1 994 in the original principal amount of $ 23 , 020. 50 , and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (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; and (d) all present and future Indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note. this Deed of Trust and any and all other docuents that secure the Note or otherwise executed in connection therewith, including without limitation 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 due. 2. Thle. Trustor is the owner of the Property has the right and authority to convey the Property. and warrants that the lien created hereby is a first and prior lien on the Property, except for hens and encumbrances set forth by Trustor in writing and delivered to Lender before execution of this Deed of Trust. and the execution and delivery of this Deed of Trust does not violate any contract or other obligation to which Truslor Is subject. 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or hereafter levied. 4. Insurance. To keep the Property insured against damage by lire. hazards included within the term "extended covera;e 8710 such other hazards as Lender may require. in amounts and with companies acceptable to I ender. naming Lender as an aadillona mined insured• with loss payable to the Lender. In case of loss under such policies. file Lender is authorized to adjust, cc;."? and compromise. all claims thereunder and shall have the option of applying all or part of the insurance proceeds (r) to any indebtedness secured hereby and in such order as Lender may determine. (e) to the Trustor to be used for the repair or restoration of the Property or (fit) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment ever took place Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or nereunder O. CNGfOw. ipun wriivn umnalid uy Leriioi, Ti ua :d.: pd'r "' °- ;n ° "C! mess . , nde ! °"y su er—mnr sums to enable lender to pay as they become due one or more of the following (if all taxes. assessments and other charges against the Property, (it) the premiums on the property insurance required hereunder, and lire) the premiums on any mortgage insurance required by Lender. 6. Maintenance, Repalre and Compliance with Laws. Trustor shall keep the property in good condition and repair. shall prorratty repair, or replace any improvement which may lie 4amaged or destroyed. shall not commit or permit any waste or tleterioraton of the Property. shall not remove. demolish c- substantially alter any of t ^e -crovements on the Property. sha r co mmit. sutler or pe•ma any act to be done in or upon the Prow Ft ., violatron of any aw. •ordinance, or regulation, and shall pay and promptly discharge at 7 -user's cost and expense all liens. encurnbrances ar•C charges levied. imposed or assessed against fl're Property or any ,part the+eo4. 7. Eminent Domain. Larder is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter "Pircceeds ") In connection with condemnation or other taking of the Property or part tnerer!. of for conveyance in lieu of condemns- train. Lender shall be entitled at its option to commence, appear in and prosecute in its ow, name any action or proceedings• and shall also be entitled to make any compromise or settlement In connection with such taking or damage. In the t#9r4aAy4porUon of NBC 3451 (Na,prxWtu,sr Dow)"" io as O IM Ntl onal Go* of Cam c* T,u.i and Sew,nps Asa mw l,ncain Netweeks Mv _ -max ��• 4 I