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mgr <br />a� C, I � } <br />J � o <br />11�^^11 <br />�\I 1 r) N <br />0 <br />e � <br />r 20031 <br />DEED OF TRUST <br />Z -1 ry <br />� o <br />r* <br />N Z <br />)1639 <br />This DEED OF TRUST is made as of the 7" day of February, 2003 by and among the Truster, Michael C. <br />Manhold and Sherry L. Manhold, whose mailing address for purposes of this Deed of Trust is PO Box 938 Grand <br />Island, Nebraska 68802 (herein, "Truster', whether one or more), the Trustee, AREND R. HAACK, Attorney at S <br />Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE c <br />68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION <br />OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender ") <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Michael <br />C. Manhold, Sherry L. Machold and Husker Heating and Air Conditioning, Inc. (herein "Borrower ", whether one or <br />more), and the trust herein created, the receipt of which is hereby acknowledged, Truster hereby irrevocable grants, <br />transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of the <br />Lender, under and subject to the terns and conditions hereinafter set forth, legally described as follows: <br />LOT ONE (l) OF DEAN'S SUBDIVISION OF LOT SIX (6) OF FAIR-ACRES SUBDIVISION, <br />LOCATED ON PART OF THE SOUTHWEST QUARTER (S W I/4) OF SECTION THREE (3), <br />TOWNSHIP ELEVEN (I1) NORTH, RANGE NINE (9) WEST OF THE 6r" P.M., HALL <br />COUNTY,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 Universal <br />Note dated February 7, 2003, having a maturity date of February 7, 2018, in the original principal amount of Eighty <br />Thousand and 00 /100 Dollars ($80,000.00), and a Universal Note dated February 7, 2003, having a maturity dated <br />of February 7, 2004, in the original principal amount of Ten Thousand and 00 /100 Dollars ($10,000.00), and any <br />and all modifications, extensions and renewals thereof or thereto and any and all more advances and re- advances to <br />Borrower (or any of them if more than 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 Truster 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 Truster 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 />