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PC 0 n` v <br />C y O -i © f:j <br />- ��.... PO <br />(-J = G� o C:> O CL CD <br />ZMm O +S W <br />P M Q <br />Co <br />CD CD <br />c N C? <br />o Z <br />r 200403060 ° <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 29h day of March, 2004 by and among the Trustor, Hoos <br />Insurance Agency, Inc., a Nebraska corporation, whose mailing address for purposes of this Deed of Trust is 204 <br />South Locust, Grand Island, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, <br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand <br />Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Hoos <br />Insurance Agency, Inc. (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which <br />is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />A tract of land comprising all of Lot Four (4), lying west of and adjacent to the westerly right of <br />way line of Locust Street, Block Ninety Seven (97), Railroad Addition to the City of Grand Island, <br />Hall County, Nebraska together with, the vacated southerly Twelve (12.0) feet of Division Street <br />(Ordinance No. 3713), lying north of and adjacent to said Lot Four (4); <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 March 29, 2004, having a maturity date of April 1, 2012, in the original principal amount of <br />Seventy Five Thousand and 00 /100 Dollars ($75,000.00), and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) <br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of <br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and <br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or <br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, <br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note <br />or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments 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 <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. <br />4. Insurance. To keep the Property insured against damage by fire hazards included with the term <br />"extended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lender, naming Lender as an additional named insured with loss payable to the Lender. In case of loss under such <br />policies, the Lender is authorized to adjust, collect and compromise all claims thereunder and shall have the option <br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />