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DEED OF TRUST
<br />This DEED OF TRUST is made as of the 19`s day of February, 2004, by and among the Trustor, Ricardo
<br />Appel and Tonya Rae Appel, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 2511
<br />West Phoenix, Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R.
<br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O.
<br />Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS
<br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE
<br />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,
<br />Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of the Lender, under and subject to the terms and conditions hereinafter set forth, legally
<br />described as follows:
<br />LOT ONE (1) EXCEPT THE EAST 260 FEET THEREOF, AMERICAN LEGION ADDITION,
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />AND
<br />LOT TWO (2), IN AMERICAN LEGION ADDITION, CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA, EXCEPTING A CERTAIN TRACT MORE PARTICULARLY
<br />DESCRIBED IN WARRANTY DEED RECORDED AS DOCUMENT NO. 96- 107864
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />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
<br />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 Deed of
<br />Trust Note dated January 29, 1999, having a maturity date of January 1, 2017, in the original principal amount of
<br />Two Hundred Forty One Thousand Three Hundred and 19/100 Dollars ($241,300.19 ), and any and all
<br />modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to
<br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit
<br />agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />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,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust
<br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as
<br />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
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges
<br />against the Property now or hereafter levied.
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<br />200401554
<br />DEED OF TRUST
<br />This DEED OF TRUST is made as of the 19`s day of February, 2004, by and among the Trustor, Ricardo
<br />Appel and Tonya Rae Appel, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 2511
<br />West Phoenix, Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R.
<br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O.
<br />Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS
<br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE
<br />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,
<br />Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of the Lender, under and subject to the terms and conditions hereinafter set forth, legally
<br />described as follows:
<br />LOT ONE (1) EXCEPT THE EAST 260 FEET THEREOF, AMERICAN LEGION ADDITION,
<br />CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />AND
<br />LOT TWO (2), IN AMERICAN LEGION ADDITION, CITY OF GRAND ISLAND, HALL
<br />COUNTY, NEBRASKA, EXCEPTING A CERTAIN TRACT MORE PARTICULARLY
<br />DESCRIBED IN WARRANTY DEED RECORDED AS DOCUMENT NO. 96- 107864
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and
<br />appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived, all of which, including replacements and additions thereto, is
<br />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
<br />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 Deed of
<br />Trust Note dated January 29, 1999, having a maturity date of January 1, 2017, in the original principal amount of
<br />Two Hundred Forty One Thousand Three Hundred and 19/100 Dollars ($241,300.19 ), and any and all
<br />modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to
<br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit
<br />agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the
<br />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,
<br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust
<br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including
<br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as
<br />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
<br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the
<br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquent all taxes, special assessments and all other charges
<br />against the Property now or hereafter levied.
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