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T <br />y <br />c m <br />i N C <br />� <br />N O° <br />p <br />FJ Q T <br />g <br />N CA <br />3 r n <br />C7) cc <br />V -.. �. <br />P o <br />N <br />n <br />cn <br />DEED OF TRUST <br />This DEED OF TRUST is made as of June 10, 2002 by and among the Trustor, Larry G. and Karen D. <br />-� <br />Kleine, whose mailing address for purposes of this Deed of Trust is 3213 West North Front Street, Grand Island, <br />�--, <br />NE 68803, (herein, "Truster ", whether one or more), the Trustee, AREND R. BAACK, Attorney at Law, a member <br />of the Nebraska State Bar Association, whose mailing address is P. O. Box 790, Grand Island, NE 68802 -0790 <br />O <br />(herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND <br />ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Larry G. <br />and Karen D. Kleine, (herein "Borrower ", whether one or more), and the trust herein created, the receipt of which is <br />hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terms and conditions <br />hereinafter set forth, legally described as follows: <br />EAST TWO (2') FEET OF LOT NINE (9) AND WEST FIFTY SEVEN FEET (57') OF LOT <br />TEN (10) BLOCK THREE (3), CUNNINGHAM SUBDIVISION, CITY OF GRAND ISLAND, <br />HALL COUNTY. NEBRASKA. <br />PROPERTY ADDRESS: 2414 VANDERGRIFT GRAND ISLAND, NE 68803 <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 Universal <br />Note dated June 10, 2002, having a maturity date of August 22, 2006, in the original principal amount of Forty Five <br />Thousand Thirty Seven and 49/100 Dollars ($45,037.49), 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 />"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 />