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n <br />r. <br />A <br />D <br />o o w <br />M <br />m <br />c <br />= <br />s <br />Z <br />N t9 <br />I.) <br />A p y m <br />O <br />y <br />titt�/y�7t <br />r0� N n T <br />00. <br />L Z <br />w Us <br />o ( n <br />Us <br />', <br />r <br />CYJ <br />c=v <br />Q E3 <br />cap <br />� <br />a <br />N <br />� <br />n <br />200300888 <br />n <br />r. <br />D <br />o o w <br />M <br />m <br />rv� <br />N t9 <br />A p y m <br />titt�/y�7t <br />r0� N n T <br />00. <br />L Z <br />w Us <br />o ( n <br />Us <br />', <br />r <br />CYJ <br />c=v <br />Q E3 <br />cap <br />N <br />b <br />200300888 <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 21" day of January, 2003, by and among the Truster, O.H. H.O. <br />Partnership, whose mailing address for purposes of this Deed of Trust is 615 Ivy Hall Place, Grand Island, NE <br />68801 (herein, "Truster ", whether one or more), the Trustee, AREND R. HAACK, Attorney at Law, a member of <br />the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802 -0790 (herein <br />"Trustee"), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND <br />ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lenders extension of credit identified herein to O.H. <br />H.O. Partnership (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is <br />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 />Lot Two (2), in H.O. H.O. Subdivision to the City of Grand island, Hall County, Nebraska <br />Lot Twenty Five (25), in Sunny Acres Subdivision to the City of Grand Island, Hall 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 Deed of <br />Trust Note dated January 21, 2003, having a maturity date of February 1, 2013, in the original principal amount of <br />Two Hundred Eighty Thousand and 00 /100 Dollars ($280,000.00), and any and all modifications, extensions and <br />renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements <br />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 <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 the Property , or (iii) for any other <br />