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PROPERTY ADDRESS% 207 Sunny.. Dr. , Doniphan NE 68832 <br />Together wlth all buildings, Improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or In anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal <br />property that is attached to the Improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital Interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, Is hereby declared to be a part of the real estate secured by the lien,of this Deed of Trust and all of <br />the foregoing being 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 promissory note or credit <br />agreement dated January 30, 3002 , having a maturity date of December 31, 2003 <br />In the original principal amount of b_ 125,000.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect <br />the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and Id) all present and future <br />Indebtedness and obligations of Borrower (or any of them If more then one) to Lender whether direct, Indirect, absolute or contingent <br />and whether arising by note, guaranty, overdraft or otherwise, The Note, this Deed of Trust and any and all other documents that secure <br />the Note or otherwise executed In connection therewith, Including without limitation guarantees, security agreements and assignments <br />of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor dovenants 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 warrants that the lien created <br />hereby Is a first and prior lien on the Property, except for (lens and encumbrances set forth by Trustor in writing and delivered to Lender <br />before execution of this'Deed of Trust, and the execution and delivery of this Deed of trust does not violate any contract or other <br />obligation to which Trustor Is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or <br />hereafter levied. <br />4. Insurance; To keep the Property Insured against damage by fire, hazards, Included within the term "extended coverage ", and <br />such other hazards'as'Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named <br />Insured, with loss payable to the Lender. In case of loss under such policies, the Lender Is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby <br />and In such order as Lender may determine, (11) to the Trustor to be used for the repair or restoration of the Property or (Ili) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to Indebtedness shall not extend or postpone the due data of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />6, Escrow. Upon written demand by Lender, Trustor shall pay to Lender, In such manner as Lender may designate, sufficient sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (11) the premiums on the property Insurance required hereunder, and (111) the premiums on any mortgage Insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly <br />repair, or replace any Improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the <br />Property; shall not remove, demolish or substantially alter any of the Improvements on the Property; shall not commit, Buffer or permit <br />any act to be done In or upon the Property In violation of any law, ordinance, or regulation; and shall pay and promptly discharge at <br />Trustor's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Property or any part thereof. <br />NIC8487A (Nonegdoulturtd Dud) Rev, 19187 <br />0 1908 National Bonk of Commerce Trust and Savings Association, Lincoln, Nebraska <br />C7 n <br />�o = Y c <br />n cn <br />t ii C1 Z `D <br />z <br />X a <br />Z N <br />m o <br />T <br />(� � <br />o <br />CD <br />w <br />r— D <br />ncu o <br />a <br />11 <br />M <br />Co <br />D <br />►�� <br />is . <br />n <br />W <br />Cn C7J <br />Cn <br />CD <br />A { DEED' OF TRUST WITH FUTURE ADVANCES <br />0 <br />THIS DEED OF TRUST, Is' made as of the 30th day of January <br />2001 y and among <br />the Trustor, CharI'ds, W 'Hastings and Carolyn E. Hastings, Husband & Wife <br />, <br />whose mailing sal a t,. ;..20.7 ;,S,unny Dr, Doniphan NE 68832 (herein Trustor" whether one or more), <br />C <br />the Trustee, •, Dnhi HA g+ i n a g <br />, <br />whose mailing address is o 410 S au t h- E Road, G i 1 t o e r, NE 68841 <br />(herein "Trustee"), and <br />the Beriaficiery;"I p'�.;tn,bs ,. <br />, <br />South E. Road, Giltner, NE 68841 <br />` <br />whose mailing address Is <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, Including Lender's extension of credit identified herein to <br />`Cha1r1Vs' 'W' find Carolyn E Hastings <br />(herein "Borrower ", whether one or more) and the trust herein created, the <br />receipt of which is hereby acknowledged, Trustor hereby Irrevocably grants, transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real <br />property, described as follows: <br />Lot Eight (8), Whi -tes Sunny Slopes Subdivision, in the town <br />of Doniphan, <br />Hall -Caunty ; -Ndbraska. <br />PROPERTY ADDRESS% 207 Sunny.. Dr. , Doniphan NE 68832 <br />Together wlth all buildings, Improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or In anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal <br />property that is attached to the Improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; <br />and together with the homestead or marital Interests, if any, which interests are hereby released and waived; all of which, including <br />replacements and additions thereto, Is hereby declared to be a part of the real estate secured by the lien,of this Deed of Trust and all of <br />the foregoing being 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 promissory note or credit <br />agreement dated January 30, 3002 , having a maturity date of December 31, 2003 <br />In the original principal amount of b_ 125,000.00 , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant to <br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect <br />the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and Id) all present and future <br />Indebtedness and obligations of Borrower (or any of them If more then one) to Lender whether direct, Indirect, absolute or contingent <br />and whether arising by note, guaranty, overdraft or otherwise, The Note, this Deed of Trust and any and all other documents that secure <br />the Note or otherwise executed In connection therewith, Including without limitation guarantees, security agreements and assignments <br />of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />Trustor dovenants 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 warrants that the lien created <br />hereby Is a first and prior lien on the Property, except for (lens and encumbrances set forth by Trustor in writing and delivered to Lender <br />before execution of this'Deed of Trust, and the execution and delivery of this Deed of trust does not violate any contract or other <br />obligation to which Trustor Is subject. <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or <br />hereafter levied. <br />4. Insurance; To keep the Property Insured against damage by fire, hazards, Included within the term "extended coverage ", and <br />such other hazards'as'Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named <br />Insured, with loss payable to the Lender. In case of loss under such policies, the Lender Is authorized to adjust, collect and compromise, <br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby <br />and In such order as Lender may determine, (11) to the Trustor to be used for the repair or restoration of the Property or (Ili) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such <br />payment ever took place. Any application of proceeds to Indebtedness shall not extend or postpone the due data of any payments under <br />the Note, or cure any default thereunder or hereunder. <br />6, Escrow. Upon written demand by Lender, Trustor shall pay to Lender, In such manner as Lender may designate, sufficient sums <br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the <br />Property, (11) the premiums on the property Insurance required hereunder, and (111) the premiums on any mortgage Insurance required by <br />Lender. <br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly <br />repair, or replace any Improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the <br />Property; shall not remove, demolish or substantially alter any of the Improvements on the Property; shall not commit, Buffer or permit <br />any act to be done In or upon the Property In violation of any law, ordinance, or regulation; and shall pay and promptly discharge at <br />Trustor's cost and expense all liens, encumbrances and charges levied, Imposed or assessed against the Property or any part thereof. <br />NIC8487A (Nonegdoulturtd Dud) Rev, 19187 <br />0 1908 National Bonk of Commerce Trust and Savings Association, Lincoln, Nebraska <br />