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M <br />M [l <br />M = <br />m <br />r z C)D °m <br />C) to m <br />a-. v p p CAD <br />Z W <br />n Z-1 <br />� <br />M <br />n to <br />CO � c � <br />N Cn W CD <br />z <br />DEED OF TRUST 0 <br />This DEED OF TRUST is made as of the 250' day of September, 2003 by and among the Trustor, K C <br />Hehnke and Deborah M. Hehnke, Husband and Wife, whose mailing address for purposes of this Deed of Trust is <br />615 Ivy Hall Place Grand Island, Nebraska 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 Gerald L. <br />Hehnke and Carolyn Hehnke (herein "Borrower ", whether one or more), and the trust herein created, the receipt of <br />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 terms 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 1/4SW1/4) of Section Fifteen (15), in Township Eleven (11) North, Range <br />Nine (9), West of the 6h 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 60i 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 a <br />distance of 114. 3 Feet, running thence East parallel with the North boundary line of said Block for <br />a distance of 160 Feet running thence South parallel with the West boundary line of said Block for <br />a distance of 39.9 Feet to the Northeasterly boundary line of the belt line of the Chicago Burlington <br />& Quincy Railroad Company running thence in a Southwesterly direction along and upon the <br />Northerly boundary line of said belt line for a distance of 175.3 Feet to the place of 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 September 25, 2003, having a maturity date of September 20, 2018, in the original principal amount <br />of Sixty Two Thousand Eight Hundred and 00 /100 Dollars ($62,800.00), and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future advances and re- advances to Borrower (or any of them if more <br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note "); (b) the <br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br />(or any of them if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by <br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the <br />Note or 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 />