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, <br /> � n n <br /> � �' m ` <br /> ll f� Z � <br /> �..r m � � � � <br /> (!N �.p � <br /> � � � � C a � c�d <br /> � � �7 � �� � -1 Q � <br /> � Q � � � � d � V� <br /> � <br /> � <°.,� �._..,� <br /> -r7 `��t '�] � � � � <br /> '�l � � N <br /> � r l� �,W4`� � m � <br /> F .� Z7 I> w F,.a C <br /> ��' � r �, � <br /> r_� �" r— n f—+ <br /> c:� +F n N N = <br /> 7c � '-+ <br /> �� C.11 ..r.� O Z <br /> � O <br /> N � <br /> DEED OF TRUST WITH FUTURE ADVANCES "' <br /> � <br /> THIS DEED OF TRUST, is made as of the 16th day of November , 19 99 , by and among C� <br /> the Trustor, Si ngl etree Deve i opment, I nc. � <br /> whose mailing address is 49 Son ja Dri ve, Doni phan, NE 68832 (herein"Trusto�',whether one or more),� <br /> the Trustee Fi ve Poi nts Bank <br /> whose mailin address is P� gox 1507, Grand I sl and NE 68802 <br /> 9 (herein"Trustee"),and <br /> the Beneficiary, Fi ve Poi nts Qank <br /> whose mailin address is PO Box 1507, Grand I sl and NE 68802 <br /> g (herein"Lende�'). <br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br /> _ Mi k - N �b rt <br /> (herein "Borrower," whether one or more) and the trust herein created, the receipt <br /> of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br /> POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br /> property described as follows: <br /> LOT FOURTEEN (14) , AMICK ACRES WEST SUBDIVISION, 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 equip- € <br /> ment; and together with the homestead or marital interests, if any,which interests are hereby released and waived;all of which, includ- <br /> ing replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and <br /> 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 agree- <br /> ment dated November 16, 1999 , having a maturity date of May 14� 2000 <br /> in the original principal amount of $ 170,055.50 , 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 securiry 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 contin- <br /> gent and whether arising by note, guaranty, overdraft or otherwise.The Note, this Deed of Trust and any and all other documents that <br /> secure the Note 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 warrants that the lien creat- <br /> ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to <br /> Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or <br /> 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", and <br /> such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional <br /> named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and <br /> compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness <br /> secured hereby and in such order as Lender may determine, (ii)to the Trustor to be used for the repair or restoration of the Property or <br /> (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br /> hereby before such payment ever took place.Any applications of proceeds to indebtedness shall not extend or postpone the due date <br /> of any payments under the Note, or cure any default thereunder or hereunder. <br /> 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br /> sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against <br /> the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance <br /> required by Lender. <br /> 6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br /> promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora- <br /> tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer <br /> or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- <br /> charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any <br /> part thereof. <br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br /> NBC 3457(Nmagncullural Deed)Rev.5196 <br /> �1988 Na�ional Bank of CommerceTrust and Savings Associalion,Lincdn,Nebraska <br />