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<br />ACKNOWLEDGEMENT OF DElED OF TRUST
<br />
<br />88.-.
<br />
<br />100238
<br />
<br />BORROWERS READ THIS BEFOR!: SIGNING:
<br />
<br />Borrowers (Trustors) understand that the document Ihallhe Borrowers BrB aboulia execute is a Deed of Trust and nol a mortgage and that the pawB.' of ~ale provided
<br />for in the Deed of Trust provides substantially different rights and obligallons to the Borrowers than a mortgage in the event of a default or breach of obligatIOn under the
<br />Deed of Trust. including, but not Iimlled to. the Lender's right to have the Real Property sold by the Trustee without any judicial proceeding or foreclosure. Borrowers
<br />represent and warrant that this acknowledgement was executod by them beforo the execution of the Deed of Trust
<br />
<br />'-h-?J7 F
<br />
<br />
<br />PREFACE TO DEED OF TRUST
<br />
<br />COMPLETE Ihla portion ONLY II the real property deacrlbed canal ala ot INDIVIDUALLY OWNED AGRICULTURAL LAND.
<br />II applicable, complele ONL Y ONE ellher A, B, or C:
<br />
<br />o A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAO:
<br />
<br />The Borrower(s) acknowledge that they are about to execute the following Deed of Trust upon the real estate described therein. The Borrower(s}, and each of them if
<br />more than one. do hereby disclaim their right to designate a homestead pursuanllhereto, No pari of the homestead of eilher of Ihe Borrower(s) is presently or will in the
<br />future be situated upon said real estate. The Borrower(s) understand that if either establishes a homestead un any part of said real estate during the time the Deed of Trust
<br />remains unsatisfied and a lien upon said real estate. there shall be no right to make a designation of homestead 10 the event 01 a foreclosure or trustee's sale with respect to
<br />said Oeed of Trust
<br />
<br />o B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD:
<br />
<br />The Borrower(s) acknowledge that they are about to execute the following Deed of Trust upon the real estate described therein. The Borrower(s). and each nf :;~em if
<br />more Ihan one. do hereby waive Iheir right to designate a homeslead pursuant Ihereto, The Borrowerls) undersland thai they have the right to make a "~signali'Jh at
<br />homestead and that by executing this waiver. they are waiving rights otherwise available for the purpose of affording them the opportunity to retain their hrJmestead 'n thl~
<br />event of a detaull upon the Deed of Trust.
<br />
<br />o C. DESIGNATION OF HOMESTEAD:
<br />
<br />Pursuant to the Farm Homestead Protection Act (Section 76-1901 et seq. Revised Statutes of the State of Nebraska), the Borrower(s). do hereby designate the real
<br />property described in the "Designation of Homestead" attached hereto and incorporated herein by thiS reference
<br />
<br />Borrower
<br />
<br />68802
<br />
<br />(herein "Lender")
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<br />Borrower
<br />
<br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION
<br />
<br />THIS DEED OF TRUST. IS made as at the l~L day of .yJiJlll.Q.J::Y 19_a.li.byanaamonglheTruslor. Anton J. Kvetensky
<br />& Mary E. Kvetensky, Husban<!.-_&~~i_f_~. _ whosemalhngaddressls 2llS N. Sherman, Grand Island,NE
<br />
<br />6SS'-'3 (hereln.'Sorrower.).lheTrustee. .Wi)lia_lII__G_-"---Blac~.u.rn_s, l-_~Jt~n~y Lll member of..J:,he NE
<br />L.C1L.e DClr ssn.
<br />whosemailingaddressis~L~~22.....aQL_._G_t._and_~l_sl.an_c;l_L__NE~8.Bj12 (herein "Trustee").
<br />Five Points Bank
<br />---~-~-- ------- ---
<br />whose mailing address IS ~Q"--liQ~_12~7L_gJ::and I~l~.rtc;l, NE
<br />
<br />and the Beneficiary.
<br />
<br />FOR VALUABLE CONSIDERATION. including the mdebtedness Identified herem and trust herem created. the receipt of which IS hereby acknowledged. Borrower
<br />hereby irrevocably grants. transfers. conveys and assigns to Trustee. IN TRUST. WITH POWER OF SALE. tor the benefit and security of Lender. under and subject to the
<br />terms and conditions heremafter set forth. the real properly. described as follows
<br />
<br />Lots Ten (10) and Twelve (12) in Block Fifteen
<br />Place, an addition to the City of Grand Island,
<br />
<br />( 15) ,
<br />Hall
<br />
<br />in University
<br />County, Nebraska
<br />
<br />Together with all buildings. improvements. fixtures. streets. alleys. passageways. easements. fights. priVileges and appurtenances located thereon or In anywise
<br />pertaining thereto. and the rents. issues and profits. reverSIOns and remainders thereof: including. but not limited to. heatmg and cooling equipment and such personal
<br />property that is attached to the improvements so as to constitute a fixture. and together with the homestead or marltallOterests. I' any. whIch Interesls are hereby released
<br />and waived: all of which. including replacements and additions thereto. IS hereby declared to be a pari 0' the real estate secured by the lien of thIS Deed of Trusl and all of the
<br />foregoing being referred to herem as the "property"
<br />
<br />Tfi/~e~ ll{sust shall secure (a) the payment 0' the pnncipal sum and mterest eVidenced by Borrowers note and/or credit agreement dated ________
<br />
<br />. having a matunty date of 1/15/93 . In the anginal pnnclpal amount of S .ll !..5 ()() .-.QQ. and any and all
<br />modifications. extensions and renewals thereof or thereto and any and allluture advances and readvances hereunder pursuanl to one or more promiSSory notes or credit
<br />agreements (herein called "Note"'). (b) the payment of other sums advanced by Lender to prolectthe secufl1y of 1he Note_ (clthe perforrn.1nCP.111 COvcn.lnls i'tnd agreement
<br />of Borrower set forth herem; and (d) all indebtedness and obligatIOns 01 Borrower 10 Lender whether dlrecL mdlrect. absolute or contlngenl and whelher .1flsmg by nole.
<br />guaranty. overdraft or otherwise
<br />
<br />Borrower. to protect the security of this Deed 01 Trust. covenants and agrees With Lender as follows
<br />
<br />t. P.yment o'Prlnclp.'.nd Inter.lt. Borrower shall promptly pay when due the principal of and Interest on. and any fees or charges prOVided In. the Note or In thiS
<br />Deed ot Trust
<br />
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<br />2. TII... Borrower is the owner of the Property. has the right and authority to convey thc Property. and warrants tpat lhe lien created hereby IS a first and pnor Ilcn on
<br />the Properly. excepl os may olherwise be sel forlh herem. and the execution and delivery of thiS Deed of Trust does not Violate any conlract or olher obligatIOn to which
<br />Borrower is subJect.
<br />
<br />. 3. T..... A.....m.nl.. To pay when due all taxes. special assessments and all other charges against the Property and. upon wollen demand by Lender. to pay 10
<br />Lender such amount as may be sutficientlo enable the Lender to pay such taxes. assessments or other charges as they become due
<br />
<br />4 Inluranc.. To keep the Property Insured against dam3gc by fire. hazards included Within the term -.extended coverage"" and suet' olhm '1ilzards as Lender may
<br />reqUire. In amounts and With companies acceptable to Lender. and With loss payable to the Lender In case at losS under such poliCies the It'n(1C, IS authOrized to adjust
<br />collect and compromise, all claims (hereunder i'tnd shall have the oplian of applYIng all or part of the Insurance proceeds (llIO any Ifloebled'wss seClIred t,er('hy and In suetl
<br />order 8S Lender may determme, (II) to the BarrowEH to be 'Jscd for the 'epalr or restorat.lon of the Property or (111) tor any OltH~r purpOSt~ Of olllcel Stll1S!,lClory 10 d:!rHjpf
<br />without affectmg the lIen of thiS Dl!ed 01 Trusl for ltw tullltfTlOlJnt secured herctJY bulore such payment ever look place Any appllCClllon 01 ,"nrp('(I~ 10 IIl(j{lhlt'(ir~I~SS 511.111
<br />nol 1.!)l,lond or postpone the due dale 01 any pnYlllonls under th(~ Note _ or cure any default Ihereund(~r or hefeundcr
<br />
<br />Mllnten.nee A.plhl and Compliance with law.. Bor'DWor shall keep the P10perly '1"1 (Jooli conl11tlOn and ,pp,ln '.1.1': 1"(l01pll,; "'11,111 or [tlpla\ l' any
<br />IIn~Ho'lOmenl wtllc.h may he dalll.1gcd 01 desl'oyotl "hnll not COfllllllt or POtllllt any wasle Of t1rHcrl0rall(Hi of !l'U) PrOI.'Pr1y ')'1,11) n,;' ';'IHOVI' (11'111(\1....1- Of "Ild\slilnlltlllv .Iller
<br />any 01 the HnprO\lOmCflh on lhe PropP'r1Y o;hilll rlUII_onHlul \UllIH Or pl."lllll any actio be done In 0' IIp()fllh(~ Prop,-"l~' ,n "'!I)1.11'OIl.\I any I,l\"- '_'III'n,I"'" ," 11'1]111,111')11 ,HHl
<br />'Shall pay anri pHJmplly tJ1S(ha'Qt' at Bor'IJW(H ,( 0\1 ,lIltl..'. p(lll"tl' dill/on., (!IlCIIUltHdll(CS i1!H1 ('"l,.~'q{l':; 1""''''(1 1I1lPO~I'(l ,-" I<,<,t'"<'<''''' ,11).1-. ',' "'/' p" 'pl'll~ ;" ,\'., p.l" /t'Ctt.,).
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