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� iv <br />C, `'' Co <br />CD <br />En <br />G$ <br />G <br />DEED OF TRUST <br />n U, <br />rr, <br />r— <br />Y- <br />Cl) <br />Cn <br />This DEED OF TRUST is made as of the 3`d day of October, 2002 by and among the Trustor, Gerald L. <br />Hehnke and Carolyn Hehnke, Husband and Wife, whose mailing address for purposes of this Deed of Trust is #75 <br />Jansen Circle St. Paul, Nebraska 68873 (herein, "Trustor ", whether one or more), the Trustee, AREND 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, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Gerald <br />L. Hehnke and Carolyn Hehnke (herein "Borrower ", whether one or more), and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terns and <br />conditions hereinafter set forth, legally described as follows: <br />A part of Block Two (2) of Koehler Subdivision of a part of the Southeast Quarter of the <br />Southwest Quarter (SE 1 /4SW 1/4) of Section Fifteen (15), in Township Eleven (11) North, Range <br />Nine (9), West of the 6`h P.M., Hall County, Nebraska, and a part of Lot Fourteen (14) of the <br />County Subdivision of the West Half of the Southwest Quarter (W1 /2SW1/4) of Section Fifteen <br />(15) in Township Eleven (11) North, Range Nine (9) West of the 6`h P.M., Hall County, Nebraska, <br />more particularly described as follows, to wit: Commencing at the Southwest corner of said Block <br />Two (2), running thence North along and upon the West boundary line of said Block Two (2) for <br />a distance of 114. 3 Feet, running thence East parallel with the North boundary line of said Block <br />for a distance of 160 Feet running thence South parallel with the West boundary line of said Block <br />for a distance of 39.9 Feet to the Northeasterly boundary line of the belt line of the Chicago <br />Burlington & Quincy Railroad Company running thence in a Southwesterly direction along and <br />upon the Northerly boundary line of said belt line for a distance of 175.3 Feet to the place of <br />beginning; <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 Deed of <br />Trust Note dated October 3, 2002, having a maturity date of October 10, 2017, in the original principal amount of <br />Sixty Thousand and 00/100 Dollars ($60,000.00), and any and all modifications, extensions and renewals thereof or <br />thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other <br />sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them <br />if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, <br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or <br />otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br />assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". <br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS: <br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property and <br />warrants that the lien created hereby is a first and prior lien on the Property and the execution and delivery of the <br />Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br />CD <br />f�J <br />O <br />CD <br />N <br />F -' <br />O <br />o-) <br />N <br />F-'' <br />W� <br />Y <br />CO3 <br />W <br />CD <br />�4 <br />L7 <br />°n <br />M <br />S <br />� iv <br />C, `'' Co <br />CD <br />En <br />G$ <br />G <br />DEED OF TRUST <br />n U, <br />rr, <br />r— <br />Y- <br />Cl) <br />Cn <br />This DEED OF TRUST is made as of the 3`d day of October, 2002 by and among the Trustor, Gerald L. <br />Hehnke and Carolyn Hehnke, Husband and Wife, whose mailing address for purposes of this Deed of Trust is #75 <br />Jansen Circle St. Paul, Nebraska 68873 (herein, "Trustor ", whether one or more), the Trustee, AREND 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, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS AND LOAN <br />ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 <br />(herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Gerald <br />L. Hehnke and Carolyn Hehnke (herein "Borrower ", whether one or more), and the trust herein created, the receipt <br />of which is hereby acknowledged, Trustor hereby irrevocable grants, transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the terns and <br />conditions hereinafter set forth, legally described as follows: <br />A part of Block Two (2) of Koehler Subdivision of a part of the Southeast Quarter of the <br />Southwest Quarter (SE 1 /4SW 1/4) of Section Fifteen (15), in Township Eleven (11) North, Range <br />Nine (9), West of the 6`h P.M., Hall County, Nebraska, and a part of Lot Fourteen (14) of the <br />County Subdivision of the West Half of the Southwest Quarter (W1 /2SW1/4) of Section Fifteen <br />(15) in Township Eleven (11) North, Range Nine (9) West of the 6`h P.M., Hall County, Nebraska, <br />more particularly described as follows, to wit: Commencing at the Southwest corner of said Block <br />Two (2), running thence North along and upon the West boundary line of said Block Two (2) for <br />a distance of 114. 3 Feet, running thence East parallel with the North boundary line of said Block <br />for a distance of 160 Feet running thence South parallel with the West boundary line of said Block <br />for a distance of 39.9 Feet to the Northeasterly boundary line of the belt line of the Chicago <br />Burlington & Quincy Railroad Company running thence in a Southwesterly direction along and <br />upon the Northerly boundary line of said belt line for a distance of 175.3 Feet to the place of <br />beginning; <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 Deed of <br />Trust Note dated October 3, 2002, having a maturity date of October 10, 2017, in the original principal amount of <br />Sixty Thousand and 00/100 Dollars ($60,000.00), and any and all modifications, extensions and renewals thereof or <br />thereto and any and all future advances and re- advances to Borrower (or any of them if more than one) hereunder <br />pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other <br />sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them <br />if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, <br />overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or <br />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 />CD <br />f�J <br />O <br />CD <br />N <br />F -' <br />O <br />o-) <br />N <br />F-'' <br />W� <br />Y <br />CO3 <br />W <br />CD <br />�4 <br />L7 <br />