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<br />200 R O 9630 EED OF TRUST WITH FUTURE ADVANCES
<br />THIS DEED OF TRUST, is made as of the 16th day of December , 19 96 , by and among
<br />the Trustor, Danipl England R Christine Rogiand, husband and wife -�
<br />365 N. Broadwell Ave G
<br />whose mailing address'is ., rand Island, NE 688(U� rein " Trustor", whether one or more),
<br />the Trustee Five Points Bank, A Nebraska Corporation
<br />whose mailing address is P.O. Box 1507, Grand Island, NE 68802 -1507 (herein "Trustee "), and
<br />the Beneficiary, —Five Points Bank
<br />whose mailing address is 2015 N. Broadwell Ave Grand Island.. NE 68803 (herein "Lender").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />(herein "Borrower," whether one or more) and the trust herein created, the receipt
<br />of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real
<br />property described as follows:
<br />Lots Five (5), Six (6), Seven (7) & Eight (8), Block Two (2), Kernohan & Decker's
<br />Addition, Hall County, Nebraska. (Parcel 1)
<br />Lot Eight (8), Block THREE (3) , Kernohan & Decker's Addition, Hall County,
<br />Nebf-aska. no ,.a certain ract of Itan�. isParcel 2 See attagl�gsdprve��a ,d��pJrtenances
<br />ogether wit a ) in improvements, fixtures, scree s, a ey , passageways, easemen
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per-
<br />sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip-
<br />ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ-
<br />ing 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
<br />all of the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agree-
<br />ment dated BeGernber 16, 1996 having a maturity date of Jant,ary 1 , 2002
<br />in the original principal amount of $ 250,000 nn and any and 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 pursuant
<br />to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to
<br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and
<br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contin-
<br />gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that
<br />secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and
<br />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 creat-
<br />ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to
<br />Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or
<br />other 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 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 compro-
<br />mise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured
<br />hereby 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
<br />any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby
<br />before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the due date of any
<br />payments under the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustee shall pay to Lender, in such manner as Lender may designate, sufficient
<br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against
<br />the Property, (ii) the premiums on the property insurance required hereunder, (iii) the premiums on any mortgage insurance required by
<br />Lender.
<br />6. Maintenance, 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 deteriora-
<br />tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer
<br />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 dis-
<br />charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed 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 />NBC 3457 (Nonagricultural Deed) Rev. M5
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