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< w � � <br /> . - rn = . �'r1 <br /> rn � tr� � <br /> ('� C� � � � � c y�,. � N <br /> � ��° ca <br /> /� m r., L;� Z rn O CS. <br /> :�i � 'i' m c� "'� : CG a1 <br /> ,�n � "'� O c/� <br /> • � A p N O '�7 CG � <br /> V� <br /> z F,.,� cn <br /> `' , /� o � 2 fTl '-�" <br /> v� � 2Y oo p � <br /> � m <br /> a � � rr'" a -�J ro <br /> cn �... N � ..�-�- <br /> o � <br /> � O v�.Ai � p <br /> N � � <br /> DEED OF TRUST AND SECURITY AGREEMENT � <br /> Loan No. 01-10147696 �JC � <br /> ' THIS DEED OF TRUST AND SECURITY AGREEMENT the "Deed of Trust" is � <br /> � ) <br /> made this 29th day of July, 1999, among the Trustor, JOHN S. CUMMINS and DEANN R. � <br /> CUMMINS, husband and wife (herein "Borrower"), FIRST FEDERAL LINCOLN BANK <br /> (herein "Trustee"), and the Beneficiary, FIRST FEDERAL LINCOLN BANK, a corporation <br /> organized and existing under the laws of the United States of America, whose address is 1235 <br /> "N" Street, Lincoln,Nebraska 68508 (herein "Lender"). <br /> Borrower, in consideration of the indebtedness herein recited and the trust herein created, <br /> inevocably grants, transfers, assigns, and conveys to Trustee, IN TRUST, WITH POWER OF <br /> SALE, for the benefit of and security of Lender, under and subject to the terms and conditions <br /> hereinafter set forth, the following described real property located in the County of Hall, State of <br /> Nebraska: <br /> (See Exhibit "A" attached hereto and incorporated herein by this reference.) <br /> which has the address of 224 Kaufman Avenue, Grand Island, Nebraska (herein "Properly <br /> Address"); <br /> TOGETHER WITH all improvements now or hereafter erected on such property, and <br /> all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given <br /> herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, <br /> water, water rights, and water stock, and all fixtures, including, but not limited to, heating and <br /> cooling equipment, now or hereafter attached to the property, all of which, including <br /> replacements and additions thereto, shall be deemed to be and remain a part of the property <br /> covered by this Deed of Trust; and all of the foregoing, together with said property, or the <br /> leasehold estate if this Deed of Trust is on a leasehold, are herein referred to as the "Property"; <br /> TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's <br /> Note Secured by Deed of Trust dated of even date herewith (herein "Note"), in the principal sum <br /> of ONE HUNDRED TWENTY FIVE THOUSAND AND NO/100 DOLLARS ($125,000.00) <br /> (the "Principal") with Interest (as defined in the Note) thereon, providing for monthly <br /> Installments of Principal and Interest, with the balance of the indebtedness, if not sooner paid, <br /> due and payable on August 1, 2009 (the "Maturity Date"); the payment of all sums, with interest <br /> thereon, advanced in accordance herewith to protect the real and personal property covered by <br /> this Deed of Trust; and the performance of the covenants and agreements of Borrower herein <br /> contained or contained in the Note or any other document executed by Borrower in connection <br /> with the indebtedness secured hereby(jointly, the "Loan Documents"). <br /> Borrower covenants to Lender and Trustee that Borrower is lawfully seized of the estate <br /> hereby conveyed and has the right to grant and convey the Property, that the Property is <br /> unencumbered, and that Borrower will warrant and defend generally the title to the Property <br /> against all claims and demands, subject to any declarations, easements or restrictions listed in a <br /> schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the <br /> Property and otherwise reasonably acceptable to Lender. <br />