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M (y1 0 Z D m o o I 200212252 DEED OF TRUST WITH FUTURE ADVANCES 'c THIS DEED OF TRUST, is made as of the 26th day of June, 2002 , 19 , by and among the Truster, Rucspll f.. Arrno and Sherrill L. Acton. Husband and Wife whose mailing address is 427 E. Nebraska Ave. , Grand Island, NE 68801 (herein " Truslor", whether one or more), the Trustee James D. Leonard whose mailing address is _L 2[ 27 R d. 71S cl., ii, Nd,rnolr, AA917 (herein "Trustee "), and the Beneficiary, James D. and Donna L. Leonard whose mailing address is (herein "Lender "). FOR VALUABLE CONSIDERATION, including Lenders extension of credit identified herein to Russell G. Acton and Sherrill L. Acton (herein "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Truster hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows: Lot One Hundred Seventy —eight (178), Buena Vista Subdivision, and Addition to the City of Grand Island, Hall County, Nebraska. Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such per- sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited lo, heating and cooling equip- ment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, includ- ing replacements and additions thereto, is 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 referred to herein as the "Property ". This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agree- ment dated June 26, 2002 , having a maturity date of February 20, 2009 , in the original principal amount of $ 9.0100.00 and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Truster set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contin- gent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to herein as the "Loan Instruments ". Truster covenants and agrees with Lender as follows: 1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. 2. Title. Truster is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien creat- ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Truster in writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Deed of Trust does not violate any contract or other obligation to which Truster is subject. 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or hereafter levied. 4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage ", and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Truster to be used for the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment ever took place . Any applications of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance required by Lender. 6. Maintenance, Repairs and Compliance with Laws. Truster shall keep the Property in good condition and repair; shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deteriora- tion of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly dis- charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any part thereof. 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter