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n n o o m o <br />N J cn <br />io <br />1 A J N o o N <br />r N <br />r r- <br />�' N <br />N <br />20021100 <br />7v <br />DEED OF TRUST <br />This DEED OF TRUST is made as of the 16" day of October, 2002 by and among the Truster, Robert J. <br />and Tamara M. Johnson, Husband and Wife, whose mailing address for purposes of this Deed of Trust is 4139 <br />Manchester Road Grand Island, NE 68801 (herein, "Trustor ", whether one or more), the Trustee, AREND R. <br />BAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "), and the Beneficiary, HOME FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE <br />68802 -1009 (herein "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Robert <br />J. and Tamara M. Johnson (herein "Borrower ", whether one or more), and the trust herein created, the receipt of <br />which is hereby acknowledged, Truster 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 terms and <br />conditions hereinafter set forth, legally described as follows: <br />Lot One (1), Theasmeyer - Neubert Subdivision, in the City of Grand Island, Hall County, <br />Nebraska; <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 October 16, 2002, having a maturity date of November 15, 2012, in the original principal amount of <br />Fifty Thousand and 00 /100 Dollars ($50,000.00), 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 Truster 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. 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 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 />may determine, (ii) to the Trustor 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 />