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S- 0 <br /> ],2006, by and among the Trustor, <br /> <br /> <br />{;" <br />~ <br />Q <br />.f'J <br /> <br />o <br />..(::. <br />..0 <br />....l) <br /> <br />s:: <br />~ <br />t <br /> <br />200602852 <br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />THIS DEED OF TRUST, is made as of the r 21 <br /> <br />1 day of[ <br /> <br />March <br /> <br />r John L. Epp and Patricia A. Epp,husband and wife <br /> <br />whosemailingaddressisr 1028 E Sunset Avenue, Grand TFil:mil Nphr::l<!k::l 68801 1 <br />(herein "Trustor", whether one or more). The Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address <br />is: P.O. Box 499, Columbus, NE 68602-0499. (herein "Trustee"), and the Beneficiary: NEBRASKA ENERGY FEDERAL <br />CREDIT UNION whose mailing address is: P.O. Box499,Columbus,NE 68602-0499 (herein "Lender"). <br />FOR VALUABLE CONSIDERA nON, including Lender's extension of credit identified herein to: <br />r John L. Epp and Patricia A. Epp, husband and wife 1 <br /> <br />(herein "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby <br />irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Lender, under and subject to the terms and conditions hereinafter set forth, the real property described as follows: <br /> <br />Lot 18, in Block 5, in Valley View Subdivision, in the City of Grand Island, Hall <br />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 per- <br />sonal 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 Trust <br />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 <br />agreementdatedr March 21, 2006 l,havingamaturitydateof[ none stated <br /> <br />in the original principal amount of [$ 59,000.00 ] , and any and all modifications, extensions and renewals <br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant <br />to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lender to <br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and <br />future indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or <br />contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other <br />documents that secure the Note or 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 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 TlUst, and the execution and delivery 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 fire, hazards included within the term "extended coverage", <br />and 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 (Hi) for any other purpose or object satisfactory to Lender without affecting the lien <br />of this Deed of Trust for the full amount secured hereby before such payment ever took place. Any applications of proceeds <br />to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or <br />hereunder. <br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender may designate, <br />sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other <br />charges against the Property, (ii) the premiums on the property insurance required hereunder, and (Hi) the premiums on any <br />mortgage insurance required by Lender. <br />