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<br />88-100315
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<br />ACKNOWLEDGEMENT OF DEED OF TRUST
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<br />BORROWERS READ THIS BEFORE SIGNING:
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<br />Borrowers (Trustors) understand that the document that the Borrowers are about to execute is a Deed of Trust and not a mortgage and that the pawe.' of ~ale provided
<br />for in the Deed of Trust provides substantially different rights and obligations to the Borrowers than a mortgage. in the eve~t o~ a. default or ~reach of obligation under the
<br />Deed of Trust. including. but not limited 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 executed by them before the execution of the Deed of Trust.
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<br />(Patrick L. Fitzgeral(j~rrowe,
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<br />(~tF~g~~or;~ 0
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<br />PREFACE TO DEED OF TRUST
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<br />COMPLETE thlo porllon ONLY lithe reat property deocrlbed conololo ollNDIVIDUALL Y OWNED AGR!.~UL TURAL LAND.
<br />II applicable, complete ONLY ONE either A. B. or C:
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<br />o A, DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD:
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<br />The Borrower(s) acknowledge that they are about to execute the following Deed of Trust upon the real estate described therein. The Borrow~r(s). and each o~ I~em if
<br />morc than one. do hereby disclaim their right to designate a homestead purs!.Jant thereto. No part of the homestead of eith~r of the Borrow~r(s) IS ~resently or will In the
<br />future be situated upon said real estate. The Borrower(s) understand that if either establishes a homestead on any part of saId real estate dunng the time the ~eed of Trust
<br />remains unsatisfied arid a lien upon said real estate. there shall be no right to make a designation of homestead in the event of a foreclosure or trustee's sale With respect to
<br />said Deed of Trust
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<br />o B. WAIVER OF RIGHT TO DESIGNATE HOMESTEAD:
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<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 t~em.f
<br />more than one. do hereby waive their fight to deSignate a homestead pursuant thereto. The Borrower(s) understand lhat they have the right t,o make a designatl.on of
<br />homestead and that by executing this waiver. they are walvmg fights otherwise available for the purpose of affordmg them the opportumty to retam their homestead In the
<br />event of a default upon Ihe Deed of Trust.
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<br />o C, DESIGNATION OF HOMESTEAD:
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<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
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<br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION
<br />THIS DEED OF TRUST, 's made as of the 2~rrQ.y of ,JiJ.I}!J.ary_ 1911L by and among the Trustor, Eatrick L. Filigera Id
<br />& Rita A. F itzg~-1lJd'nbJ!.sQ!Jn,g .iJ.Q.Q_ _V!if~l_ whose ma,llng address 's 2.216_M.aple_w..o.o.d'uG,ran~.sl.an~
<br />N E 68801-2462 __ (hereon ""Borrower, the Trustee EhLe_ ~o.inJ:s... ,8.a,nk_._u___,
<br />whosemallingaddress.sn.e.~Q._.B.ox__J5_01._Grand_LsJ.amLmN.I;.1i 8 &Jiz..-1SJ):L _ .
<br />and lhe Beneficiary,_fi'ILe.....f'oi_nt..s__B_anK_ u__ ____ n n______,_,
<br />whose mallong address 's _.P-,-Q_L_liQX_.J,5,QZ., _Grand ,u;lan.QL_NJ;_,6_!l.8~_-150I,
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<br />Borrower
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<br />Borrower
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<br />..___ (herem "Trustee.').
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<br />(herein '.Ler.de(')
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<br />FOR VALUABLE CONSIDERATION. including the Indebtedness Identified herein and trust herein created. the receipt of whlch.s hereby acknowledged. Borrower
<br />hereby irrevocably grants. transfers. conveys and assIgns to Trustee. IN TRUST. WITH POWER OF SALE for the benefit and secuflty of Lender under and subject to the
<br />terms and conditlons.herelnafter set forth. the real property. descnbed as follows
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<br />Lot Eight (8), in Knickrehm Eighth Addition to the City of Grand Island, Hall County I
<br />Nebraska.
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<br />Together with all buildings. improvements. fixtures. streets. alleys. passageways. {" asements_ rights priVileges and appurtenances located thereon or m anywise
<br />pertaining thereto. and the rents. Issues and profits. reverSions and remainders thereof: IflCludlng. but n01 limited to. heating and cooling equipment and such personal
<br />property that is attached to the improvements so as to constitute a fixture: and together wJ:h the homestead or mantallnterests. If any. which mterests are hereby released
<br />and waived: all of which, including replacements and additions thereto. is hereby declared to be a PMt of the real estate secured by the Iten of thiS Deed of Trust and all of the
<br />foregoing being referred to herem as the "property"
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<br />This Deed of Trust shall secure (a) the payment of the prinCipal sum and Int~rest eVidenced by Borrower-s note anutor credit agreement dated Januar..y___
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<br />22 1988 . having a maturity date of Eebrua ry 1, 2Q(l!L. on the olOgona' p,onc'pa' amounl of s,_Jt5_.Jl.O.o...JlJL...... and any and all
<br />. modifications. e)"lensions and renewals thereof or thereto and any and all future advances and readvances hereunder pursuant to one or more promissory notes or credit
<br />agreements (herein called "Note"): (b) the payment of other sums advanced by Lender to protect the secunty of the Note_ (C) the performance all covenants and agreement
<br />:" of Borrower set forth herein: and (d) allmdebtedness and obligatIOns of Borrowei to Lender whether direct mdlrect. absolute or contmgent and whether ansmg by note.
<br />"'guaranty, overdraft or otherwise
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<br />Borrower. to prolect the security of this Deed of Trust. CQvenanls and agrees With Lender as follows
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<br />,. Payment of Prlnclp...nd Interelt. Borrower shall promptly pay when due the pflnclpal of and mterest on. and any fees or charges prOVided in. the Note or 10 thiS
<br />Deed of Trust.
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<br />2. Title, Borrower is the owner of the Property. has the fight and authority to convey the Property. and warrants that the lien created hereby IS a 'Irst and prior hen on
<br />the Property, except as may otherwise be set forth herem. and the execution and delivery of thIS Deed of Trust does not Violate any contract or other obligation to whIch
<br />Borrower is subject.
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<br />3. T...el. AIMAlmentl. To pay when due all taxes. speCial assessments and all other charges agamst the Property and. l!pOn written demand by Lender. 10 pay to
<br />Lender such amount as may be sufficient to enJble the Lender to pay such taxes. assessments or othe, charges as they become due
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<br />4 Inaur.nee, To keep the Property Insured aoamst damage by fire. hazards mcluded Within the term ""extended coverage. and Such other hazards as Lender m.ly
<br />reQuire. In amounts and With companies acceptable 10 Lender. and With loss payable to the Lender In case of loss under such poliCies the Lender rS auHwlIlcd 10 ad,usl
<br />coUect and compromise. all claims thereunder and shall have the option of applYing all or part of the Insurance proceeds (t) to any Indebtedness seCIJfPt' iwrpby and rn' uet.
<br />order as LC(ider may determine (11)10 the Borrower to be used for Ihe repair cr festorallon of the Propefty Of !llIllor an,. other purpose Of objPct S,lII~"i1i.l(lfV 10 l pndpr
<br />Without alfecllng tho lien of thiS Deed of Trust lor the lull amount secured hereby hefore such paymf.>nl evel look plaCl~ An, itprIlC;11r(Hl 0! [HO(f'I'(js!<:) rnOI'hll'(1Ilt'::'::' ~'lal!
<br />not el(tend or poslpone the due dale of any paymen1s unde, the Notc. or {;u:e any (j(.la\l!t thereunder or h('rellnd{~r
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<br />~ Melnt.n.nee R.palrl and Cornpllance with Law.. OOffower s"all i>:eep Ihp Propt'rty !n good cond.llofJ ,lnJ ','rl.,rf "hdil 'HompHy '("'<iff 0' '.'111<1((' ,lnv
<br />UllprO'o'ernunt which may be damaged Of d~stroyed shall not camm., or pt."",,1 any waste or rJel(>florillt(Jn Ollh(' ProPP1h. "1..OIr' ,,,_,I """'J...e ,.H'rn\)i;~" ,)' "ut'<,I,lll!r,lll\, ,"iIIt'1
<br />.\ny of the lfnprovcnICnt5on lhe Properly Sh.ll! not conHnl1 ':,(Jlfer Of pornHl <lily act!o h(> done In cr IJpon Ihl' P1opr.,I\o' ,f' ,,,)I."il'{"',' :l"v I.'.... ()I('H.i-t"c" "'I'q"r"t.'.l" oIf'd
<br />sfllUlllay ilrH.I p,ornptr.,. tjlSChhHJC 01 Borl()wpr s co<;;1 and {>..pcn:r;c i,lIltens '.'IICurl'l)filnc('S <lor] I: t)al gr'., 'f', 'I"! ."'(" '<;"'~ '.f".........',/.,' .1'1,1".<.' ",.' r',. 'r.'" I, ... .1".. . '.1' 1 "".r p, ,I
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