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I Anthony T Bohaty, a single person
<br />Vn� O,
<br />whose mailing address is [ 9901 Woodridge P1 Grand Island, NE 68801 1 sd
<br />(herein "Trustor ", whether one or more). The Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address
<br />is: P.O. Box 499, Columbus, NE 68602 -0499. (herein "Trustee "), and the Beneficiary: NEBRASKA ENERGY FEDERAL
<br />CREDIT UNION whose mailing address is: P.O. Box 499, Columbus, NE 68602 -0499 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to:
<br />[ Anthony J. Bohaty, a single person
<br />1
<br />(herein "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows:
<br />Lot Sixteen (16), Block One (1), in Brentwood Subdivision, in the City of Grand
<br />Island. Hall County, Nebraska
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per-
<br />sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling
<br />equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which,
<br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust
<br />and all of the foregoing being 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 promissory note or credit
<br />agreement dated [ March 2, 2004 ], having a maturity date of [ none stated
<br />in the original principal amount of [$ 30, 000.00 , and any and all modifications, extensions 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
<br />to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to
<br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and
<br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or
<br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements and 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 warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not
<br />violate any contract or other 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
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage"
<br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an
<br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to
<br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance
<br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for
<br />the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien
<br />of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any applications of proceeds
<br />to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or
<br />hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender may designate,
<br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other
<br />charges against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any
<br />mortgage insurance required by Lender.
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<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />-b
<br />THIS DEED OF TRUST, is
<br />made as of the [ 2
<br />day of [
<br />March
<br />1, 2004, by and among the
<br />Trustor,
<br />I Anthony T Bohaty, a single person
<br />Vn� O,
<br />whose mailing address is [ 9901 Woodridge P1 Grand Island, NE 68801 1 sd
<br />(herein "Trustor ", whether one or more). The Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address
<br />is: P.O. Box 499, Columbus, NE 68602 -0499. (herein "Trustee "), and the Beneficiary: NEBRASKA ENERGY FEDERAL
<br />CREDIT UNION whose mailing address is: P.O. Box 499, Columbus, NE 68602 -0499 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to:
<br />[ Anthony J. Bohaty, a single person
<br />1
<br />(herein "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of
<br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows:
<br />Lot Sixteen (16), Block One (1), in Brentwood Subdivision, in the City of Grand
<br />Island. Hall County, Nebraska
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per-
<br />sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling
<br />equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which,
<br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust
<br />and all of the foregoing being 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 promissory note or credit
<br />agreement dated [ March 2, 2004 ], having a maturity date of [ none stated
<br />in the original principal amount of [$ 30, 000.00 , and any and all modifications, extensions 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
<br />to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to
<br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and
<br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or
<br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other
<br />documents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements and 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 warrants that the lien
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not
<br />violate any contract or other 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
<br />now or hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage"
<br />and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an
<br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to
<br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance
<br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for
<br />the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien
<br />of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any applications of proceeds
<br />to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or
<br />hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender may designate,
<br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other
<br />charges against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any
<br />mortgage insurance required by Lender.
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