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This DEED OF TRUST is made as of the 10 " day of April, 2003 by and among the Trustor, Gary E.
<br />Shovlain and Linda D. Shovlain, Husband and Wife, whose mailing address for purposes of this Deed of Trust is a
<br />2211 Riverside Drive Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, o
<br />AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is
<br />P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL
<br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand
<br />Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Gary E.
<br />Shovlain and Linda D. Shovlain (herein "Borrower ", whether one or more), and the trust herein created, the receipt
<br />of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />LOT SEVENTEEN (17) AND THE NORTH FORTY -SIX (46) FEET OF LOT EIGHTEEN (18)
<br />OF HOLCOMB HIGHWAY HOMES, A SUBDIVISION IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA EXCEPTING A CERTAIN TRACT MORE PARTICULARLY
<br />DESCRIBED IN DEED RECORDED AS DOCUMENT NO. 200007721 AND EXCEPTING A
<br />CERTAIN TRACT MORE PARTICULARLY DESCRIBED IN DEED RECOREDED AS
<br />DOCUMENT NO. 200007723;
<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 April 10, 2003, having a maturity date of May 1, 2011, in the original principal amount of One
<br />Hundred Ten Thousand and 00 /100 Dollars ($110,000.00), and any and all modifications, extensions and renewals
<br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or
<br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note
<br />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
<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 />it 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
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<br />200304300
<br />DEED
<br />OF TRUST
<br />This DEED OF TRUST is made as of the 10 " day of April, 2003 by and among the Trustor, Gary E.
<br />Shovlain and Linda D. Shovlain, Husband and Wife, whose mailing address for purposes of this Deed of Trust is a
<br />2211 Riverside Drive Grand Island, Nebraska 68801 (herein, "Trustor ", whether one or more), the Trustee, o
<br />AREND R. BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is
<br />P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL
<br />SAVINGS AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand
<br />Island, NE 68802 -1009 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Gary E.
<br />Shovlain and Linda D. Shovlain (herein "Borrower ", whether one or more), and the trust herein created, the receipt
<br />of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and
<br />conditions hereinafter set forth, legally described as follows:
<br />LOT SEVENTEEN (17) AND THE NORTH FORTY -SIX (46) FEET OF LOT EIGHTEEN (18)
<br />OF HOLCOMB HIGHWAY HOMES, A SUBDIVISION IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA EXCEPTING A CERTAIN TRACT MORE PARTICULARLY
<br />DESCRIBED IN DEED RECORDED AS DOCUMENT NO. 200007721 AND EXCEPTING A
<br />CERTAIN TRACT MORE PARTICULARLY DESCRIBED IN DEED RECOREDED AS
<br />DOCUMENT NO. 200007723;
<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 April 10, 2003, having a maturity date of May 1, 2011, in the original principal amount of One
<br />Hundred Ten Thousand and 00 /100 Dollars ($110,000.00), and any and all modifications, extensions and renewals
<br />thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more than one)
<br />hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of
<br />other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and
<br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or
<br />any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note,
<br />guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note
<br />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
<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 />it 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 />
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