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\ r R n r <br />Z u O <br />Z <br />R <br />m4.. <br />N <br />DEED OF TRUST <br />n v O <br />o —+ <br />< m O f1D <br />o O d <br />O T <br />N CT <br />� O C <br />CD S <br />En W <br />N <br />This DEED OF TRUST is made as of the 6" day of December. 2002 by and among the Truster, Sam <br />Gtimminger and P. Kay Grimminger, husband and wife, whose mailing address for purposes of this Deed of Trust is <br />325 W_ 0 Grand island, Nebraska bnsbl (herein, "Trustor, whether one or more), the Trustee, AREND R. <br />HAACK, Attorney at Law, a member of the Nebraska State Bar Association, whose mailing address is P. O. <br />Box 790, Grand Island, NE 68302 -0790 (hmuein "Trustee'), and the Beneficou , HONE FEDERAL SAVINGS <br />AND LOAN ASSOCIATION OF GRAND ISLAND, whose mailing address is P. O_ Box 1009, Grand Island, NE <br />65302 -1009 (herein "Lender") <br />FOR VALUABLE CONSIDFRATION, including Lenders cxtensirrn of credit identified httriu Io Sam <br />Grimminger and P. Kay Gruir finger (herein "Borrower ", whether one or more), and the trust herein created, the <br />receipt of which is hereby acknowledged Truster hereby irrevocable grants, transfers, conveys and assigns to <br />Trustee_ IN TRUST, WITH POWER OF SALE, for the benefit and security of the Lender, under and subject to the <br />terms and conditions hereinafter set forth, legally described as follows: <br />The East Half (EI /2) of the West Half (WI/2) of the South Half (SI /2) (what would be Lot Six (6) <br />if end lots were laid out), in Block Ten (10), Windolph's Addition to the City of Grand Island, Hall <br />County, 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 dustaf, and such personal property that is attached to the improvemcnts so as to constitute a fxtmc, <br />including, but not limited to, heating and cooling equipment and together with the homestead or marital interests, if <br />any, - ,hach interests are hereby released and waived, all of which, including replacements and additions thereto, is <br />hereby declared to be a pan 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 December 6, 2002, having a maturity date of December 1, 2012, in the original principal amount of <br />Thirty Five Thousand and 00 /100 Dollars ($35,000.00), and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and re- advances to Borrower (or anv 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 Truster set forth herein, and (d) all present and future indebtedness and obligations of Borrower (or <br />any of linty 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 copnwtiun thoewith, including widicut Itmeation guarantees, scangty 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 />I. Pionreff t_of Indebtedness. All indebtedness secured hereby shall be paid when due. <br />2. Lqe. Trustor is the owner ol'tire Property, has the tight 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 />Decd of Trust does not violate any amtraca or other obligation W which Toaster is subject. _ <br />3. Tuxes Assessanents_ To pay before delinquent all taxes, special aasessrneats and all other charges agahut <br />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 of <br />applying all or part of the insurance proceeds O to any indebtedness secured hereby and in such order as Lender may <br />determine, (ii) to the Trustor to be used for the repair or restoration of the Property , or (iii) for any other purpose or <br />