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Ya <br />200403090 DEEDOFTRUST <br />This DEED OF TRUST is made as of the 30" day of March, 2004 by and among the Trustor, Steven Paul `{ J <br />Lamb and Kianne M. Lamb, husband and wife, whose mailing address for purposes of this Deed of Trust is I l Sonja C <br />Drive Doniphan, Nebraska 68832 (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 n <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 Steven <br />Paul Lamb and Kianne M. Lamb (herein "Borrower ", whether one or more), and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and <br />conditions hereinafter set forth, legally described as follows: <br />Lot Twenty Nine (29) in Country Meadows Subdivision, in the City of Grand Island, Hell County, <br />Nebraska; <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 <br />Construction Line of Credit Draw Note dated March 30, 2004, having a maturity date of March 1, 2005, in the <br />original principal amount of One hundred Sixteen Thousand and 00 /100 Dollars (SI16,000.00), and any and all <br />modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to <br />Borrower (or any of them if more dim one) hereunder pursuant to one or more promissory notes or credit agree- <br />ments (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; <br />(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, <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust <br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as <br />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 />may determine, (ii) to the Trustor to be used for the repair or restoration of die Property , or (iii) for any other <br />m <br />n <br />Z <br />CTI <br />A <br />=O <br />M <br />X <br />= <br />O <br />rlt <br />D <br />ci <br />O <br />N <br />W <br />CD <br />A <br />C <br />O <br />cm <br />rb <br />o <br />N <br />O <br />200403090 DEEDOFTRUST <br />This DEED OF TRUST is made as of the 30" day of March, 2004 by and among the Trustor, Steven Paul `{ J <br />Lamb and Kianne M. Lamb, husband and wife, whose mailing address for purposes of this Deed of Trust is I l Sonja C <br />Drive Doniphan, Nebraska 68832 (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 n <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 Steven <br />Paul Lamb and Kianne M. Lamb (herein "Borrower ", whether one or more), and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and <br />conditions hereinafter set forth, legally described as follows: <br />Lot Twenty Nine (29) in Country Meadows Subdivision, in the City of Grand Island, Hell County, <br />Nebraska; <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 <br />Construction Line of Credit Draw Note dated March 30, 2004, having a maturity date of March 1, 2005, in the <br />original principal amount of One hundred Sixteen Thousand and 00 /100 Dollars (SI16,000.00), and any and all <br />modifications, extensions and renewals thereof or thereto and any and all future advances and re- advances to <br />Borrower (or any of them if more dim one) hereunder pursuant to one or more promissory notes or credit agree- <br />ments (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; <br />(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, <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust <br />and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as <br />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 />may determine, (ii) to the Trustor to be used for the repair or restoration of die Property , or (iii) for any other <br />