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L�1 <br />A <br />a <br />THIS <br />the Trusem, _ <br />m <br />n n <br />2 <br />r) t <br />n r. <br />m Tomj' <br />�� <br />n cn <br />s <br />c <br />2 m <br />N <br />r`Tc�_ <br />m � <br />N <br />X <br />O <br />� <br />eJt <br />Ott <br />Co <br />DEED OF TRUST <br />AND CONSTRUCTION SECURITY AGREEMENT <br />OF TRUST, is made as of the 25th day of July 1002 , by and among <br />Kruse and Denise R. Kruse, as husband and wife <br />(herein "Borrower "), <br />the Trustee, United Nebraska Bank <br />(herein "Trustee "), <br />and the Beneficiary, United Nebraska Bank <br />(herein "Lender'). <br />FOR VALUABLE CONSIDERATION, including the indebtedness identfied herein and the trust herein created, the receipt <br />of which is hereby acknowledged, Borrower hereby irrevocably grunts, transfers, conveys and assigns to'rrustee, IN'I'RUS'I', W I'1'H <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 Two (2) in Patti Anne Subdivision, Hall County, Nebraska. <br />m <br />CAD <br />y <br />IT IS UNDERSTOOD BY BORROWER AND LENDER TI TAT THIS INSTRUMENT, WHICH IS SECURED BY THE ABOVE <br />REFERENCED PROPERTY, IS A CONSTRUCTION SECURITY AGREEMENT AND THAT IT DOES OR WILL SECURE AN <br />OBLIGATION WHICH THE BORROWER IIAS OR WILL INCUR FOR THE PURPOSE OF MAKING AN IMPROVEMENT OR <br />IMPROVEMENTS ON PROPERTY IIEREINBF,FORF. DESCRIBED. <br />Togclher with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />],,toted thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof; including, but <br />not limited to, heating and cooling equipment and such personal property that is attached to the improvements so as to constitute x <br />fixture; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien <br />of this Deed of Trust and all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust shall secure (a) the payment of the principal sum and interests evidenced by Borrower's note dated <br />.duly 25 2002 , having a maturity date of Junuary 25, 2003 , in the original principal <br />amount of $ 70,000.00 and any and all modifications, extensions and renewals thcrcof or thereto (herein called "Note); (b) <br />the payment of other sums advanced by Lender to protect the security of this Deed of Trust, with interest thereon as provided in the <br />Note; and (c) the performance of all covenants and agrec nci t to Borrower set forth herein. <br />Borrower, to protect the security of this Deed of rust, covenants and agrees with Lender as follows: <br />1. Payment of Principal and Interest. But rower shall promptly pay when due the principal of and interest on, and any fees <br />or charges provided in, the Note or in this Deed of Trust. <br />2. Tills. Borrower is the owner of the Property, has the right and authority w convey the Property, and warrants that the lien <br />created hereby is a fast and prior lien on the Property, except as may otherwise be set forth herein, and the execution and delivery of <br />this Decd of Trust does not violate any contractor other obligation to which Borrower is subject. <br />3. 'faxes, Assessments. To pay when due all taxes, special assessments and all other charges against the Property and, upon <br />written demand by Lender, to pay to Lender such amount as may be sufficient to enable the Lender to pay such taxes, assessments or <br />other charges as they become due. <br />4. Insurance. 'I 'a keep the Property insured against damage by fire, hazards included within the term "extended coverage <br />and such other hazards as Lender may require, in umourits and with companies acceptable to the Lender, and with loss payable to the <br />Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and <br />shall have the option of applying all or part of the insurance proceeds (t) to any indebtedness secured hereby and in such order as <br />Lender may determine, (it) to the Borrower to be used for the repair of restoration of the Property or (iii) for any other purpose or <br />object satisfactory ho Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment <br />ever look place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the <br />Note, or cure any default thereunder or hereunder_ <br />I iso Cv (y o G113 14 Nis, 1 .1 <br />C <br />[�9 <br />O <br />O� <br />OOTO("26735) <br />