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FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Chris Alan Sullivan and Mclin.da. <br />M. Sullivan, husband and wife (herein called "Borrower ", whether one or more) and the trust herein created, the receipt of which is <br />hereby acknowledged, Trustor hereby irrevocably 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 hereinafter set forth, the real property, <br />described as follows: <br />Lots Five (5), Six (6) and the West Twenty Three and Fifty Hundredths (23.50) Feet of Lot. Seven (7), Block Two (2), Rief <br />Addition to the Village of Doniphan, Hall County, Nebraska. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, casements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such <br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling <br />equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, <br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of <br />Trust and all of the foregoing being 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 promissory note or credit agreement <br />dated December 8, 2005 having a maturity date of January 1, 2036 in the original principal amount of $164,000.00 and any and all <br />modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of <br />them if more 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 and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of their if more than one) <br />to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, <br />this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security 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: <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 warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and deliver of this Deed of Trust does not <br />violate any contract or other obligation to which Trustor is subject, <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by lire, hazards included within the term "extended coverage" and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an <br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to <br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance <br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for <br />the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the <br />lien of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any application of <br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default <br />thereunder or hereunder. <br />Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges <br />against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on nay <br />mortgage insurance required by Lender. <br />Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; <br />shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or <br />regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges <br />levied, imposed or assessed against the Property or any part thereof, <br />MC C <br />` Z <br />n _ <br />� + <br />� <br />o <br />«� M A to <br />t3 � —4 <br />tv <br />. <br />N <br />rh —4 m <br />Q <br />.+.+.+..■..■.. <br />j� <br />C) . o <br />-+ <br />o ilk <br />cn3 <br />n n <br />­4 <br />rn �, <br />CAID <br />A GO <br />• J <br />-� Q <br />DEED OF TRUST WITH FUTURE ADVANCES Cn <br />This Deed of Trust is made as of December 8, 2005 by and among Chris Alan Sullivan and Melinda M. Sullivan, husband and wife, <br />the Trustor, whose mailing address is 108 Brooklyn, Doniphan, NE 68832 (herein "Trustor ", whether one or more), Nebraska <br />Energy Federal. Credit Union (herein "Trustee ") whose mailing address is 1414 15th Street, P.O. Box 499, Columbus, NE 68602- <br />0499, and the Beneficiary, Nebraska. Energy Federal Credit Union, whose mailing address is 1414 15th Street, P.O. Box 499, <br />Columbus, NE 68602 -0499 (herein called "Lender "). <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Chris Alan Sullivan and Mclin.da. <br />M. Sullivan, husband and wife (herein called "Borrower ", whether one or more) and the trust herein created, the receipt of which is <br />hereby acknowledged, Trustor hereby irrevocably 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 hereinafter set forth, the real property, <br />described as follows: <br />Lots Five (5), Six (6) and the West Twenty Three and Fifty Hundredths (23.50) Feet of Lot. Seven (7), Block Two (2), Rief <br />Addition to the Village of Doniphan, Hall County, Nebraska. <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, casements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such <br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling <br />equipment; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, <br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of <br />Trust and all of the foregoing being 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 promissory note or credit agreement <br />dated December 8, 2005 having a maturity date of January 1, 2036 in the original principal amount of $164,000.00 and any and all <br />modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of <br />them if more 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 and agreements <br />of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of their if more than one) <br />to Lender whether direct, indirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, <br />this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith, including <br />without limitation guarantees, security 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: <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 warrants that the lien <br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and deliver of this Deed of Trust does not <br />violate any contract or other obligation to which Trustor is subject, <br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br />4. Insurance. To keep the Property insured against damage by lire, hazards included within the term "extended coverage" and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an <br />additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to <br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance <br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used for <br />the repair or restoration of the Property or (iii) for any other purpose or object satisfactory to Lender without affecting the <br />lien of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any application of <br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default <br />thereunder or hereunder. <br />Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges <br />against the Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on nay <br />mortgage insurance required by Lender. <br />Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; <br />shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or <br />regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges <br />levied, imposed or assessed against the Property or any part thereof, <br />