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i a <br />o _ <br />N o <br />m <br />DEED OF TRUST <br />This DEED OF TRUST is made as ofthe 23" day of May, 2002 by and among the Trustor, Mark E. and <br />Amy J. Ball, Husband and Wife, whose mailing address for purposes of this Decd of Trust is 3425 Schroeder Ave. <br />Grand Island, Nebraska 68803 (herein, "Trustor ", whether one or more), the Trustee, AREND R. BAACK, Attorney <br />at Law, a member ofthe Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE <br />68802 -0790 (herein "Trustee "), and die 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 />a <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Mark F.. <br />and Amy J. Hall (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is <br />hereby acknowledged, Truster hereby irrevocable grants, transfers, conveys and assigns to 'Douse, IN "CRUST, <br />WITH POWER OF SALE, for the benefit and security ofthe Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />Lot 3, Block 2, Westroads Estate Subdivision, Hall County, Nebraska; <br />together with all buildings, improvements fixtures, streets, alleys, passageways, eavemenls, 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 ofthe real estate secured by the lien of this Deed of Trost and all ofthe 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 Note dated <br />May 23, 2002, having a maturity date of May 23, 2012, in the original principal amount of Eleven Thousand and <br />00 /100 Dollars ($I 1,000.00), and any and all modifications, extensions and renewals thereof or thereto and any and <br />all future advances and re- advances to Borrower (or any of them if more than one) hereunder pursuant to one or <br />more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by <br />Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Truster set forth <br />herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to <br />Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or <br />otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed <br />in connection therewith, including without limitation guarantees, security agreements and assignments of leases and <br />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. Titic. 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 prim 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 he Core 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 Grc 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 />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br />may determine, (it) to the 'frustor to be used for the repair or restoration of the Property , or (iii) for any other <br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br />hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or <br />postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. <br />