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� � <br /> � rn rn� �., `. <br /> � (1 C1 Z � S ti.,.. � <br /> mcDi� v�i � c� v' <br /> � �� �� --� <br /> ^�'` � ' �-i I"�'� <br /> �rt � �a� '"��— _`� ;-n, '^ � <br /> v1 rn �``• � � 'w^ � <br /> � n • �C��"'' � �1./ � <br /> \./� r� _Ti '+ G.`� -n � � C3- <br /> .d.. � <br /> � ��� � ��� � � � � N <br /> O �.'"� m ,^--� •� �p •.,y� �� <br /> rn r� --� <br /> � �i "' , :.-• � N <br /> in �a � �,� � <br /> � <br /> 106772 � � '�"`-' ~� � <br /> 9 9 ~� ��> � �. <br /> 4� � <br /> DEED OF TRUST WITH FUTURE ADVANCES � '` <br /> THIS DEED OF TRUST, is made as of the Z^d day of ���Y �g 99 , by and among� <br /> the Trustor, MCDERMOTT & MILLER PC � <br /> whose mailing address is PO BOX 1767 GRAND ISLAND NE 6880 2-1 767 (herein "Trustor," whether one or morel, <br /> the Trustee, THE OVERLAND NATIONAL BANK OF GRAND ISLAND <br /> whose mailing address is P 0 BOX 1688 GRAND ISLAND NE 68802 (herein "Trustee"1, and <br /> the Beneficiary, TNF OVFRI AAIf] NATT(IAIAI RAAIK OF r.aaun (SI AN� <br /> whose mailing address is P 0 BOX 1688 GRAND ISLAND NE 68802 (herein "Lender"). <br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br /> MCDERMOTT & MILLER PC <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 (1), IN 4100DRIDGE SOUTH SUBDIVISION, IN THE CITY OF GRAND iSLAND, HALL COUNTY, NEBRASKA. <br /> PROPERTY ADDRESS: <br /> Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br /> located thereon or in enywise 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(s)the payment of the principal sum and interest evidenced by a promissory note or credit <br /> agreement dated July 02, 1999 , having a maturity date of July 01, 2004 <br /> in the original principal amount of S 652.000.00 , and any and all modifications, extensio�s 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 end 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, guarenty,overdraft or otherwise. The Note,this Deed of Trust end 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 a�d rents, shell be referred to herein as the "Loan Instruments". <br /> Trustor covenants end 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 dead of Trust, and the exec�tien and deli�•ery of this Doed of trust does not violate any contrect 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 affecti�g 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 ot the <br /> Property; shall not remove, demolish o�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, imposad or assessed against the Property or any part thereof. <br />