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200309624 <br />n N <br />A 2 <br />DEED OF TRUST <br />This DEED OF TRUST-is-made as of-the 23RD day u of July, 2003 b and among-the Trustor, Michael Galvan <br />Y Y <br />and Marilyn J. Galvan, husband and wife, whose mailing address for purposes of this Deed of Trust is 575 East <br />Capital Ave. Grand Island, Nebraska- 68801 (herein; "Trustor ", whether one or more); the Trustee, ARENDR. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />.Box 790, .Grand .Island, NE 68802 -0790 .(herein "Trustee "), and the Beneficiary, HOME .FEDERAL SAVINGS ~ <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802 -1009 (herein "Lender "), <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Michael <br />Galvan and Marilyn J. Galvan (herein "Borrower ", whether one or more), and the trust herein created, the receipt of <br />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 THREE (3), GALVAN SECOND SUBDIVISION TO THE CITY OF GRAND ISLAND, <br />HALL 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 Deed of <br />Trust Note dated July 23, 2003, having a maturity date of August 1, 2013, in the original principal amount of Sixty <br />Two Thousand and 00 /100 Dollars ($62,000.00), and any and all modifications, extensions and renewals thereof or <br />thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums <br />advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of <br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if <br />more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note; guaranty, <br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or <br />otherwise - executed in connection therewith, including without limitation guarantees, security agreements and assign- <br />ments 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 against <br />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 additionai 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 of <br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may <br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property, or (iii) for any other purpose or <br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before <br />pa <br />[7 <br />rn <br />Z <br />n <br />= <br />�--� <br />�� <br />O <br />0 <br />�, <br />-- , <br />:.� <br />o -� <br />C n <br />c�D <br />r <br />c= <br />n. <br />r� <br />r' <br />rn <br />O <br />Q <br />N <br />O <br />cn <br />rrt <br />n <br />D co <br />p <br />j <br />r <br />� <br />r n <br />ca <br />� <br />W <br />x <br />rn <br />(D <br />co <br />C!1 <br />0 <br />DEED OF TRUST <br />This DEED OF TRUST-is-made as of-the 23RD day u of July, 2003 b and among-the Trustor, Michael Galvan <br />Y Y <br />and Marilyn J. Galvan, husband and wife, whose mailing address for purposes of this Deed of Trust is 575 East <br />Capital Ave. Grand Island, Nebraska- 68801 (herein; "Trustor ", whether one or more); the Trustee, ARENDR. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />.Box 790, .Grand .Island, NE 68802 -0790 .(herein "Trustee "), and the Beneficiary, HOME .FEDERAL SAVINGS ~ <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802 -1009 (herein "Lender "), <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Michael <br />Galvan and Marilyn J. Galvan (herein "Borrower ", whether one or more), and the trust herein created, the receipt of <br />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 THREE (3), GALVAN SECOND SUBDIVISION TO THE CITY OF GRAND ISLAND, <br />HALL 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 Deed of <br />Trust Note dated July 23, 2003, having a maturity date of August 1, 2013, in the original principal amount of Sixty <br />Two Thousand and 00 /100 Dollars ($62,000.00), and any and all modifications, extensions and renewals thereof or <br />thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums <br />advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of <br />Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if <br />more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note; guaranty, <br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or <br />otherwise - executed in connection therewith, including without limitation guarantees, security agreements and assign- <br />ments 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 against <br />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 additionai 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 of <br />applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may <br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property, or (iii) for any other purpose or <br />object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before <br />