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<br /> DEED OF TRUST �
<br /> This DEED OF TRUST is made as of the 20TH day of MAY, 1999, by and among the Trustor, GARY D. PHII.LIPS �
<br /> AND DEBRA D. PHII,LIPS, HUSBAND AND WIFE AND DAVID J. WETI�RILT AND SUSAN L. WETHERILT, ,�
<br /> HUSBAND AND WIFE, whose mailing address for purposes of this Deed of Trust is 211 WEST THRID STREET, GRAND �
<br /> ISLAND, NEBRASKA 68801 (herein, Trustor , whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a
<br /> member of the Nebraska State Baz Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802-0790 (herein
<br /> "Trustee"), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose
<br /> mailing address is P. O. Box 1009,Crrand Island,NE 68802-1009(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 of which is hereby acknowledged, Trustor
<br /> hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and
<br /> security of the Lender,under and subject to the terms and conditions hereinafter set forth,legally described as follows:
<br /> TI�WEST ONE THIRD(Wl/3)OF LOT T'WO(20,BLOCK SIXTY-FIVE(65), ORIGINAL
<br /> TOWN,NOW CITY OF GRAND ISLAND,HALL COLTN'fY,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 reirts, issues and profits, reversions and remainders thereof, and such
<br /> personal property that is attached to the improvements so as to constitute a fi�ure,including,but not limited to,heating and cooling
<br /> equipment and together with the homestead or marital interests,if any,which interests aze hereby released and waived, all of which,
<br /> including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of
<br /> Trust and all of the foregoing being referred to herein as the"Property".
<br /> This Deed of Trust sha11 secure(a)the payment of the principal sum and interest evidenced by a Deed of Trust Note dated
<br /> MAY 20, 1999,T0 ARCHWAY PART'NERSHIP having a maturity date of DECEMBER 1ST, 2009, in the original principal
<br /> amount of FORTY FIVE THOUSAND TWO HUNDRED SIXTY THREE AND 02/100 Dollars (45,263.02), and any and all
<br /> modifications, extensions and renewals thereof or thereto and any and all future advances and re-advances to Borrower(or any of
<br /> 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 ageements
<br /> of Trustor set forth herein; and (d) a11 present and future indebtedness and obligations of Borrower (or any of them if more than
<br /> one)to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The
<br /> Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith,
<br /> including without limitation guarantees, security agreements and assignments of leases and rents, shall be refened to herein as the
<br /> "Loan Instnzments".
<br /> TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br /> 1. Pavment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br /> 2. Ti�le. Trustor is the owner of the Property,has the right and authority to convey,the Property and warrants that the lien
<br /> created hereby is a first and prior lien on the Property and the execution and delivery of the Deed of Trust does not violate any
<br /> contract or other obligation to which Trustor is subject.
<br /> 3. Taxes,Assessments. To pay before delinquent a11 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 hazazds included with the term "extended coverage"
<br /> and such other hazards as Lender may require in amounts and with companies acceptable to Lender, naming Lender as an additional
<br /> named insured with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and
<br /> compromise all claims thereunder and shall have the option of applying all or part of the insurance proceeds(i)to any indebtedness
<br /> secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the
<br /> Property, or(iii)for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full
<br /> amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness sha11 not extend or
<br /> postpone the due date of any payments under the Note,or cure any default thereunder or hereunder.
<br /> 5. crow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate,
<br /> sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other
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