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�y t'" ...Iiv° - � <br /> : �- <br /> ' � r�n (� (7 <br /> "'.� S D <br /> s 2 D � fl = <br /> � � = N �: C.�"�D o -V�I <br /> � � <br /> � � � � � rn �� <br /> � m ..y. -i <br /> � o � � <br /> .. o�` � ° � <br /> • .n W -n z <br /> o �� = rn � N <br /> ,� , -.� n cv o � <br /> rn r �� <br /> o � r r► G`� ..N.�r-. <br /> tn � � G <br /> � � 3 <br /> D � � <br /> � � � a � <br /> � <br /> DEED OF TRUST WITH FUTURE ADVANCES • <br /> THIS DEED OF TRUST, is made as of the 17th day of February , 19 99 , by and among <br /> the Trustor, ROGER IMLER and PAULA M. PROEHL, EACH AN UNMARRIED PERSON y� <br /> (� <br /> whose mailing address is PO BOX 76 DONIPHAN NE 68832- (herein "Trustor," whether one or more), �� <br /> the Trustee, BANK OF DONIPHAN <br /> whose mailing address is PO BOX 270 DONIPHAN, NE 68832 (herein "Trustee"), and <br /> the Beneficiary, B�K OF DONIPHAN <br /> whose mailing address is P� BOX 270 DONIPHAN, NE 68832 <br /> (herein "Lender"). <br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to ROGER D. IMLER <br /> PAULA M. PROEHL <br /> (herein "Borrower", whether one or more) and the trust herein created, the <br /> receipt 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 /> LOT ONE HUNDRED THIRTY-SEVEN (137) IN BUENAVISTA SUBDIVISION <br /> AN ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br /> NEBRASKA. <br /> PROPERTY ADDRESS: PO BOX 76 DONIPHAN, NE 68832- <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 part 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 the principal sum and interest evidenced by a promissory note or credit <br /> agreement dated February 17, 1999 , having a maturity date of March 25, 2002 <br /> in the original principal amount of S 14, 882.80 , 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 to <br /> one or more promissory notes or credit agreements (herein called "Note"►; (b) the payment of other sums advanced by Lender to protect <br /> the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future <br /> indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent <br /> and whether arising by note, guaranty, overdraft or otherwise. The Note,this Deed of Trust and any and all other documents that secure <br /> the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments <br /> 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 now or <br /> hereafterlevied. <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 /> Lender. <br /> 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly <br /> repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the <br /> Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit <br /> 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 <br /> Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any part thereof. <br /> NBC3457A (Nonagricultural Oeedl Hev.12/97 <br />