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� • ' , , <br /> T m N �r t" `- �!• "k = �f �� <br /> � � = D v � * ~ <br /> ct� � fn <br /> �' r�c a tt� <br /> � = N � � G � f'E! � j <br /> � rn C� --� o � -•- <br /> "�.� Q `� �' ' � <br /> ° � `T' z c. <br /> � <br /> a �� � �,,,, � 9� N <br /> � . ;.,� �a 3 r � � <br /> c�i� r � CIl ,.�.�- <br /> 00 'y,�s � 2 <br /> � v v � <br /> 99 10658l� � � °' �. <br /> z <br /> 0 <br /> DEED OF TRUST WITH FUTURE ADVANCES � <br /> THIS DEED OF TRUST, is made as of the 22nd day of June , 19 99 , by and among � <br /> __._3 <br /> the Trustor, ROBERT J LYNN and LISA K SPIEHS-LYNN, HUSBAND AND WIFE, AS JOINT TENENTS � <br /> C3 <br /> whose mailing address is 1120 W 4TH ST GRAND ISLAND NE 6880�.h��I,Q6Trustor," whether one or more), <br /> the Trustee, THE OVERLAND NATIONAL BANK OF GRAND ISLAND <br /> whose mailing address is P O BOX 1688 GRAND ISLAND NE 68802 (herein "Trustee"), and <br /> the Beneficiary, THE OVERLAND NATIONAL BANK OF GRAND ISLAND <br /> whose mailing address is P O BOX 1688 GRAND IS7IAND NE 68802 (herein "Lender"1. <br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to ROBERT J LYNN <br /> LISA K SPIEHS-LYNN <br /> (herein "Borrower", whether one or more) and the trust herein created, the <br /> receipt of which is hereby acknowledged,Trustor hereby irrevocably grants,trensfers, 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 /> See Addendum A <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 June 22, 1999 ,having a maturity date of June 22, 2004 <br /> in the original principal amount of $ 6,594.00 , 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 /> I 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 coveraga", 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 i� 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 end Compliance with Laws. Trustor shall keep the Property in good condition and cepair; 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 /> I <br />