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<br />N <br />S <br />S <br />m <br />S <br />N <br />S <br />ex> <br />(J1 <br /> <br />:a. <br />~ <br />~ <br />;;! <br />G") <br />m <br />-I <br />~ <br />r- <br />,.., <br />"" <br />m <br />::a <br />< <br />c=; <br />~ <br /> <br /> ;0 <br />. m . '''-' ~f <br /> "" e::.::") <br /> c: ~~ Q (fJ <br /> Z ~l ~ o --< <br />n n 0 ..........'" ..... =3 c:: ):> <br />:I: )> ~ ;:0 }:\ \. = :z: -, <br />in rn ~\-, =0 -1m <br />n (.I) .::-; ..... ~-" -< c, ~ar <br />7'\ :J: o <:'::'t- 0-" <br /> '1 CD ":z: - <br /> ">r en :::s <br /> 0 ( '~' :r:m <br /> rrl A') -u ):>tr.J ~f <br /> rTl <br /> 0 ~ .3 r- ~ <br /> VJ r-):> <br /> W (fJ <br /> ;::><;; <br /> p.. <br /> ~ ---- ---- CO ..... <br /> CO en c.n~ <br /> en <br /> <br /> <br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />\. <br />'....,' ...h <br />This Deed of Trust is made as of February 23,2006 by and among Michael S. Dudek and Wendy M. Dudek, husband and wife, the <br />Trustor, whose mailing address is 636 Meves Avenue, Grandlsland,NE 68801 (herein "Trustor", whether one or more), Nebraska <br />Energy Federal Credit Union (herein "Trustee") whosemailingaddressisI41415thStreet.P.O.Box499.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 /> <br />'l;:"" <br /> <br />-'~ <br />= <br /> <br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to Michael S. Dudek and Wendy M. <br />Dudek, 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 /> <br />Lot Sixteen (16) in Block Two (2) in Meves First Addition to the City of Grand Island, Hall County, Nebraska <br /> <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, 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 /> <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 February 23,2006 having a maturity date of March 5,2011 in the original principal amount of $61,600.00 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 ofthe 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 them 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 ofleases and rents, shall be referred to herein as the "Loan <br />Instruments" . <br /> <br />Trustor covenants and agrees with Lender as follows: <br /> <br />1. <br /> <br />Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. <br /> <br />2. <br /> <br />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 /> <br />3. <br /> <br />Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br /> <br />4. <br /> <br />Insurance. To keep the Property insured against damage by fire, 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 /> <br />5. <br /> <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 /> <br />6. <br /> <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 chargcs <br />levied, imposed or assessed against the Property or any part thereof. <br /> <br />~~ <br />~ <br />