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<br />A % u 1, 1 J DEED OF TRUST
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<br />This DEED OF TRUST is made as of the c2l'�ay of - w 2005 by and among
<br />the Trustor, KERRY P. COLE and LAURA J. COLE, Husband and Wif , whose mailing address
<br />for purposes of this Deed of Trust is 819 North Howard, Grand Island, NE 68803 (herein
<br />"Trustor ", whether one or more); the Trustee, AREND R. BAACK, Attorney at Law, whose
<br />mailing address is P. O. Box 790, Grand Island, NE 68802 -0790 (herein "Trustee "); and the
<br />Beneficiary, HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF GRAND
<br />ISLAND, whose mailing address is P. O. Box 1009, Grand Island, NE 68802 -1009 (herein
<br />"Lender ").
<br />FOR VALUABLE CONSIDERATION, including bender's extension of credit identified
<br />herein to KERRY P. COLE and LAURA J. COLE (herein "Borrower ", whether one or more),
<br />and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irre-
<br />vocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF
<br />SALE, for the benefit and security of Lender, under and subject to the terms and conditions
<br />hereinafter set forth, legally described as follows:
<br />Lot Seven (7), in Block Eight (8), in West View an Addition to the City of Grand
<br />Island, Hall County, Nebraska;
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements,
<br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the
<br />rents, issues and profits, reversions and remainders thereof, and such personal property that is
<br />attached to the improvements so as to constitute a fixture, including, but not limited to, heating
<br />and cooling equipment and together with the homestead or marital interests, if any, which
<br />interests are hereby released and waived, all of which, including replacements and additions
<br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust
<br />and all of the foregoing being referred to herein as the "Property ".
<br />THIS DEED OF TRUST SHALL SECURE:
<br />(a) the payment of the principal sum and interest evidenced by an
<br />Adjustable Rate Note dated August 24, 1995, having a maturity date of September
<br />1, 2025, in the original principal amount of Fifty -Eight Thousand Five Hundred
<br />and No /I00 Dollars ($58,500.00), and any and all modifications, extensions and
<br />renewals thereof or thereto and any and all future advances and re- advances to
<br />Borrower (or any of them if more than one) hereunder pursuant to one or more
<br />promissory notes or credit agreements (herein called "Note ");
<br />(b) the performance by Borrower of all obligations as are evidenced by an
<br />Agreement for Reinstatement of even date herewith,
<br />(c) the payment of other sums advanced by Lender to protect the security
<br />of the Note pursuant to this Deed of Trust, together with interest at the highest
<br />rate provided in the notes secured hereby;
<br />(d) the .payment of principal and .interest. on any future advance as may b_ e
<br />evidenced by promissory notes stating they are secured by this Deed'of'Trust;
<br />provided, however, that the total principal indebtedness, not including sums
<br />advanced to protect the security or interest accrued, shall not exceed the original
<br />principal indebtedness secured hereby; and
<br />(e) the performance of all covenants and agreements of Trustor set forth
<br />herein.
<br />The Note, this Deed of Trust and any and all other documents that secure the Note or are
<br />otherwise executed in connection therewith, including, without limitation, guarantees, security
<br />agreements and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments ".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
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