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<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.
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