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C) <br />DEED OF TRUST <br />rn <br />M <br />0 <br />v� <br />Co <br />cfl <br />F—` <br />O T <br />� Z <br />A cam' <br />r � <br />r n <br />U) <br />D <br />N <br />Cn <br />O <br />fV <br />O <br />0 <br />r- <br />C=) <br />rn <br />c.n <br />m <br />CA <br />rr <br />2- <br />r-F <br />Z <br />0 <br />PARTIES: This Deed of Trust is made on 05/28/2004 among, the Grantor, DALE E GILBERT and PEGGY A GILBERT, HUSBAND AND <br />WIFE ( "Borrower "), <br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the <br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the <br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender "). <br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of <br />which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of- <br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the <br />"property„). <br />PROPERTY ADDRESS: 3936 HAMPTON RD, GRAND ISLAND, Nebraska 68803 and 3121 BRENTWOOD DRIVE, GRAND ISLAND, Nebraska 68801. <br />LEGAL DESCRIPTION: <br />PROPERTY ONE <br />LOT TWENTY -SEVEN (27), KENTISH HILLS SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY TWO <br />LOT SIX (6), BLOCK ONE (1), IN BRENTWOOD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPTING A <br />CERTAIN TRACT MORE PARTICULARY DESCRIBED AS FOLLOWS: A TRACT OF LAND COMPRISING A PART OF LOT SIX (6), BLOCK ONE (1), <br />BRENTWOOD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS <br />FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6); THENCE NORTHERLY ALONE AND UPON THE WEST LINE OF SAID LOT <br />SIX (6), A DISTANCE OF FIFTY -THREE AND TWENTY -TWO HUNDREDTHS (53.22) FEET; THENCE NORTHEASTERLY ALONG AND UPON THE <br />WESTERLY LINE OF SAID LOT SIX (6), A DISTANCE OF TWENTY -EIGHT (28.0) FEET; THENCE SOUTHEASTERLY A DISTANCE OF NINETY -FOUR AND <br />THIRTY -THREE HUNDRETHS (94.33) FEET TO A POINT ON THE SOUTH LINE OF SAID LOT SIX (6); THENCE WESTERLY ALONG AND UPON THE <br />SOUTH LINE OF SAID LOT SIX (6), A DISTANCE OF FIFTY -NINE (59.0) FEET TO THE POINT OF THE BEGINNING. <br />Located in Hall County, Nebraska. <br />TITLE: Borrower convenants and warrants title to the property, except for <br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements <br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts <br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and <br />renewals thereof. <br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): <br />A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 05/28/2004 <br />Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are <br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. <br />❑ Revolving line of credit agreement dated , with initial annual interest rate of % <br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under <br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. <br />The above obligation is due and payable on December 05, 2004 if not paid earlier. <br />The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $191,092.00, plus <br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the <br />covenants contained in this deed of trust, with interest on such disbursements. <br />❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. <br />❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and <br />made a part hereof. <br />RIDERS: ASSIGNMENT OF RENTS <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead iUttached to this deed of trust and made a part hereof has <br />❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. <br />SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page <br />2, and in any " rs described abov signed by Borrower. <br />DAXCE GILBERT PEGGY A G B T <br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: <br />The foregoing instrument was acknowledged before me on 05/28/2004 <br />By DALE E GILBERT and PEGGY A GILBERT, HUSBAND AND WIFE <br />My commission expires: 30, ZCc)3 <br />Notary Public) <br />��GENER NOTARY State M Nebraska <br />B <br />BARRY G. SANDSTROM <br />bly Comm. ft June 30 2005 <br />M <br />= D <br />Z <br />_ <br />= n y <br />N .. <br />n <br />7C = <br />O <br />rn <br />M <br />0 <br />v� <br />Co <br />cfl <br />F—` <br />O T <br />� Z <br />A cam' <br />r � <br />r n <br />U) <br />D <br />N <br />Cn <br />O <br />fV <br />O <br />0 <br />r- <br />C=) <br />rn <br />c.n <br />m <br />CA <br />rr <br />2- <br />r-F <br />Z <br />0 <br />PARTIES: This Deed of Trust is made on 05/28/2004 among, the Grantor, DALE E GILBERT and PEGGY A GILBERT, HUSBAND AND <br />WIFE ( "Borrower "), <br />AREND R BAACK, ATTORNEY, whose residence address is P. O. Box 790, Grand Island, Hall County, Nebraska ( "Trustee "), and the <br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, a corporation organized and existing under the <br />laws of NEBRASKA whose address is 221 SOUTH LOCUST STREET, GRAND ISLAND, NEBRASKA 68801 ( "Lender "). <br />CONVEYANCE: For value received, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the real property, of <br />which Borrower is lawfully seized, described below and all buildings, fixtures, and existing and future improvements thereon and all rights -of- <br />way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and any appurtenances thereunto belonging (all called the <br />"property„). <br />PROPERTY ADDRESS: 3936 HAMPTON RD, GRAND ISLAND, Nebraska 68803 and 3121 BRENTWOOD DRIVE, GRAND ISLAND, Nebraska 68801. <br />LEGAL DESCRIPTION: <br />PROPERTY ONE <br />LOT TWENTY -SEVEN (27), KENTISH HILLS SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />PROPERTY TWO <br />LOT SIX (6), BLOCK ONE (1), IN BRENTWOOD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, EXCEPTING A <br />CERTAIN TRACT MORE PARTICULARY DESCRIBED AS FOLLOWS: A TRACT OF LAND COMPRISING A PART OF LOT SIX (6), BLOCK ONE (1), <br />BRENTWOOD SECOND SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AND MORE PARTICULARLY DESCRIBED AS <br />FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT SIX (6); THENCE NORTHERLY ALONE AND UPON THE WEST LINE OF SAID LOT <br />SIX (6), A DISTANCE OF FIFTY -THREE AND TWENTY -TWO HUNDREDTHS (53.22) FEET; THENCE NORTHEASTERLY ALONG AND UPON THE <br />WESTERLY LINE OF SAID LOT SIX (6), A DISTANCE OF TWENTY -EIGHT (28.0) FEET; THENCE SOUTHEASTERLY A DISTANCE OF NINETY -FOUR AND <br />THIRTY -THREE HUNDRETHS (94.33) FEET TO A POINT ON THE SOUTH LINE OF SAID LOT SIX (6); THENCE WESTERLY ALONG AND UPON THE <br />SOUTH LINE OF SAID LOT SIX (6), A DISTANCE OF FIFTY -NINE (59.0) FEET TO THE POINT OF THE BEGINNING. <br />Located in Hall County, Nebraska. <br />TITLE: Borrower convenants and warrants title to the property, except for <br />SECURED DEBT: This deed of trust secures to Lender repayment of the secured debt and the performance of the convenants and agreements <br />contained in this deed of trust and in any other document incorporated herein. Secured debt, as used in this deed of trust, includes any amounts <br />Borrower owes to Lender under this deed of trust or under any instrument secured by this deed of trust, and all modifications, extensions and <br />renewals thereof. <br />The secured debt is evidenced by (List all instruments and agreements secured by this deed of trust and the dates thereof.): <br />A PROMISSORY NOTE AND SECURITY AGREEMENT DATED 05/28/2004 <br />Future advances: The above amount is secured even though all or part of it may not yet be advanced. Future advances are <br />contemplated and will be secured to the same extent as if made on the date of this deed of trust is executed. <br />❑ Revolving line of credit agreement dated , with initial annual interest rate of % <br />All amounts owed under this agreement are secured even though all amounts may not yet be advanced. Future advances under <br />the agreement are contemplated and will be secured to the same extent as if made on the date this deed of trust is executed. <br />The above obligation is due and payable on December 05, 2004 if not paid earlier. <br />The total unpaid balance secured by this deed of trust at any one time shall not exceed a maximum principal amount of $191,092.00, plus <br />interest, plus any amounts disbursed under the terms of this deed of trust to protect the security of this deed of trust or to perform any of the <br />covenants contained in this deed of trust, with interest on such disbursements. <br />❑ Variable Rate: The interest rate on the obligation secured by this deed of trust may vary according to the terms of that obligation. <br />❑ A copy of the loan agreement containing the terms under which the interest rate may vary is attached to this deed of trust and <br />made a part hereof. <br />RIDERS: ASSIGNMENT OF RENTS <br />DESIGNATION OF HOMESTEAD <br />Pursuant to the Farm Homestead Protection Act, designation of homestead iUttached to this deed of trust and made a part hereof has <br />❑ been disclaimed; the disclaimer is attached to this deed of trust and made a part hereof. <br />SIGNATURES: By signing below, Borrower agree to the terms and convenants contained in this deed of trust, including those on page <br />2, and in any " rs described abov signed by Borrower. <br />DAXCE GILBERT PEGGY A G B T <br />ACKNOWLEDGMENT: STATE OF NEBRASKA, HALL COUNTY SS: <br />The foregoing instrument was acknowledged before me on 05/28/2004 <br />By DALE E GILBERT and PEGGY A GILBERT, HUSBAND AND WIFE <br />My commission expires: 30, ZCc)3 <br />Notary Public) <br />��GENER NOTARY State M Nebraska <br />B <br />BARRY G. SANDSTROM <br />bly Comm. ft June 30 2005 <br />