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DFFD OF -TRUST <br />'Phis HERD OF TRUST is made as of the 23` day of May, 2002 by and among the Trustor, Kevin L. and <br />Tonja A Carry, I lusband and Wife, whose mailing address for purposes of this Decd of Trust is 4024 W. Faidley <br />Ave. Grand Island. Nebraska 68803 (herein, "Trustor". whether one or more), the Trustee, ARFND R_ BAACK, <br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O_ Box 790, Grand <br />Island, NR 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIA'I ION Olr GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />O <br />1'OR VAI.FABLE CONSIDERATION, including Lender's extcnsinn of credit identified herein to Kevin <br />L. unit Tonja L Carey (herein "Borrower ", whether one or mote), and the trust herein created, the receipt of which is <br />hereby acknowledged, 'Trustor hereby irrevocable grants, transfers, conveys and assigns to I to see, IN 'I'itUST, <br />WII'I I I'OWFR OF SALE, far the benefit and security ofthe Lender, under and subject to the temps and conditions <br />hereinafter set forth, legally described as follows <br />Lot Six (6), Westwood Park fourth Subdivision, in tm City of Grand Island, Hall County, <br />Nebraska: <br />together with all buildings, improvements, fixwres, xrects, alleys, passageways, casements, 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 sit as to aastitute 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 he a part of the real estate secured by tine lien of this Deed of Trust and all of the Iuregeimg being <br />rcfcnvd to herein as the "Property " - <br />I his Decd of Trust shat) secure (a) the payment of the principal sum and interest evidenced by a Note dated <br />Mav 231 tl, 2002, having a too writy date of May 23. 2012, in the original principal amount ofThirty FighI I hit. sort d <br />and 00 /100 Dollars ($38,000 00)_ and any and all modificatimo, extensions and renewals thereof oi thereto and any <br />and all fultre advances and re- advances to Borrower (or any ofthem if more thou one) hereunder pursuant to one of <br />more promissory notes or credit agreements (herein called "Note "): (b) the payment of other suns advanced hN <br />Lender to protect the security of the Nate; (c) the perbrinance of all covenants and agreements of rustor set forth <br />herein; and (d) all present and future indebtedness and obligations of Borrower (or any of t ena if more than one) to <br />Lender whether direct. indircd, absolute or contingent and whether arising by note, guaranty, overdraft or <br />otherwise. The Note, this Deed of rust and any and If niher documents that secure the Note m otherwise executed <br />in connection thcrewltlr including without limitation guarantees, security agreements and assigmncats of leases and <br />rents, shall be referred to herein as the "Lean Instruments" <br />IRUSTOR COVENANTS AND AGREES WffH LENDER AS FOLLOWS. <br />I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />Title_ truster 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 del lvery of the <br />Deed of 'il'ast does nut violate an s contract or other obl igati on to which I rustor is subject <br />3. Taxes Assessments. l'o pay before delinquent all taxes, special assessments and all other charges <br />against the Properly now or hereallei levied. <br />4. Insurance . to keep the Property insured against damage by lire hazards included with the term <br />",vtended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lander, naming Lcndcr as in additional named insured with loss payable to the Lender. In case of loss nnder such <br />policies, the Lender is authorized to adjust, collect and cunhprounise 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, (ti) to the 'Trustor to he used for the repair m restoration of the Property , or (iii) for any other <br />purpose or ub'lect satisfactory to Lender without affecting the lien of Ibis Dccd of Tnrvt fur the full amount secured <br />m <br />f n <br />n <br />D <br />C <br />rn <br />rn <br />n <br />x <br />n Get <br />CU <br />U <br />-'� It <br />O <br />3 <br />�i\ <br />o <br />so <br />1' <br />1 <br />S m <br />O <br />x- c <br />ZD <br />y <br />cn <br />f�ii <br />CS] <br />r <br />h <br />)C <br />� <br />�. <br />a <br />t✓ <br />W <br />`N <br />CD <br />N <br />DFFD OF -TRUST <br />'Phis HERD OF TRUST is made as of the 23` day of May, 2002 by and among the Trustor, Kevin L. and <br />Tonja A Carry, I lusband and Wife, whose mailing address for purposes of this Decd of Trust is 4024 W. Faidley <br />Ave. Grand Island. Nebraska 68803 (herein, "Trustor". whether one or more), the Trustee, ARFND R_ BAACK, <br />Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O_ Box 790, Grand <br />Island, NR 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIA'I ION Olr GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />O <br />1'OR VAI.FABLE CONSIDERATION, including Lender's extcnsinn of credit identified herein to Kevin <br />L. unit Tonja L Carey (herein "Borrower ", whether one or mote), and the trust herein created, the receipt of which is <br />hereby acknowledged, 'Trustor hereby irrevocable grants, transfers, conveys and assigns to I to see, IN 'I'itUST, <br />WII'I I I'OWFR OF SALE, far the benefit and security ofthe Lender, under and subject to the temps and conditions <br />hereinafter set forth, legally described as follows <br />Lot Six (6), Westwood Park fourth Subdivision, in tm City of Grand Island, Hall County, <br />Nebraska: <br />together with all buildings, improvements, fixwres, xrects, alleys, passageways, casements, 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 sit as to aastitute 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 he a part of the real estate secured by tine lien of this Deed of Trust and all of the Iuregeimg being <br />rcfcnvd to herein as the "Property " - <br />I his Decd of Trust shat) secure (a) the payment of the principal sum and interest evidenced by a Note dated <br />Mav 231 tl, 2002, having a too writy date of May 23. 2012, in the original principal amount ofThirty FighI I hit. sort d <br />and 00 /100 Dollars ($38,000 00)_ and any and all modificatimo, extensions and renewals thereof oi thereto and any <br />and all fultre advances and re- advances to Borrower (or any ofthem if more thou one) hereunder pursuant to one of <br />more promissory notes or credit agreements (herein called "Note "): (b) the payment of other suns advanced hN <br />Lender to protect the security of the Nate; (c) the perbrinance of all covenants and agreements of rustor set forth <br />herein; and (d) all present and future indebtedness and obligations of Borrower (or any of t ena if more than one) to <br />Lender whether direct. indircd, absolute or contingent and whether arising by note, guaranty, overdraft or <br />otherwise. The Note, this Deed of rust and any and If niher documents that secure the Note m otherwise executed <br />in connection thcrewltlr including without limitation guarantees, security agreements and assigmncats of leases and <br />rents, shall be referred to herein as the "Lean Instruments" <br />IRUSTOR COVENANTS AND AGREES WffH LENDER AS FOLLOWS. <br />I. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />Title_ truster 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 del lvery of the <br />Deed of 'il'ast does nut violate an s contract or other obl igati on to which I rustor is subject <br />3. Taxes Assessments. l'o pay before delinquent all taxes, special assessments and all other charges <br />against the Properly now or hereallei levied. <br />4. Insurance . to keep the Property insured against damage by lire hazards included with the term <br />",vtended coverage" and such other hazards as Lender may require in amounts and with companies acceptable to <br />Lander, naming Lcndcr as in additional named insured with loss payable to the Lender. In case of loss nnder such <br />policies, the Lender is authorized to adjust, collect and cunhprounise 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, (ti) to the 'Trustor to he used for the repair m restoration of the Property , or (iii) for any other <br />purpose or ub'lect satisfactory to Lender without affecting the lien of Ibis Dccd of Tnrvt fur the full amount secured <br />