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<br />ACKNOWLEDGEMENT OF DEED OF TRUST
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<br />88___ 100803
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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 nol a mortgage and that the powB.rof sale provided
<br />for in tf1e Deed of Trust provides substantially different rights nnd obligations to the Borrowers than a mortgage In the eve~t o! 8. 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 01 Trust.
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<br />~~_~ ;:f, -p~
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<br />Tharin L. Peters Borrower
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<br />.lJ )~O-J d't. ()~
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<br />Brenda L. Peters Borrower
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<br />PREFACE TO DEED OF TRUST
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<br />COMPLETE thl. porllon ONLY II the real properly described consilii ollNDIVIDUALL Y OWNED AGRICULTURAL LAND.
<br />I! applloable, complete ONLY ONE either A, B, or C:
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<br />o A.
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<br />The Borrower(s) acknOYJle hat they are about to execute the following Deed of Trust upon the real estate described the rei e Borrower(s). and each o~ t~em if
<br />more than one. do hereby disclaim thel . hI to designate a homestead pursuant thereto_ No part of the homestead of either e Borrower{s} is presently or will 10 the
<br />future be situated upon said real estate. The ower{s} understand that II either establishes a homestead on any palt of . real estate during the time the Deed of Trust
<br />remains unsatisfied and a lien upon said real estat. ere shall be no right to make a designation of homestead in th nt of a foreclosure or trustee's sale with respect to
<br />said Deed of Trust
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<br />o B
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<br />o C_ DESIGNATION OF HOMESTEAD:
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<br />Pursuant to the Farm Homestead Protection Act (Sect I -1901 et seQ. ReVised Statutes of the e of Nebraska). the Borrower{s}. do hereby designate the real
<br />ed hereto and Incorporated herein by this refer e
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<br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION
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<br />THIS DEED OF TRUST. IS made as of the ~.1_~ day of ~vember 19 ~ _ by and among the Trustor_ Tharin L. Peters
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<br />and Brenda L. Peters, husband and wife whose mallmg address IS Grand Island, Nebraska 68801
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<br />(herem -Borrowe('). the Trustee J~pJLert _It... .JitQwell
<br />_ P. O. Box 40, Ord, NE 68862
<br />whose mailing address IS __ ____ u ~ ~_____ _~_ __ (herein "Trustee").
<br />aQd the Beneficiary. James A. Mamot .<Ind ~!ol~~_ M. Ma~ot, husban~ and wife, as joint tenants and not as
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<br />LenanLS 1n commogt. LibDry, NE 68872
<br />whose mallmg address IS _______~_u_ _____u ___ __n_.u __ __ _ __ __u____~ _ _._______ (herein "Lender").
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<br />FOR VALUABLE CONSIDERATION, oncludong the ondebtedness .dentltled he,em and trust he,em created the receipt of which .s hereby acknowlpdged. Borrower
<br />hereby irrevocably grants_ transfers. conveys and assigns to Trustee IN TRUST _ WITH POWER OF SALE. for the benefit and security of Lender. under and subject to the
<br />terms and conditions hereinafter set forth. the real property. described as follows
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<br />Borrower
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<br />Lot 12, Western Heights Second Subdivision to the City of Grand Island,
<br />Hall County. Nebraska
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<br />Together with all buildings. improvements. fixtures. streets. alleys. passageNays. easements. fights. pflvlleges and appurtenances located thereon or In anywise
<br />pertaining thereto. and the rents. issues and profits. reversions and remamders thereof: Including. but not limited to. heatmg and cooling equipment and such personal
<br />property that is attached to the impro'/ements so as to constitute a fixture: and together with the homestead or mafltallOterests. if any. which mterests are hereby released
<br />and waived; all of which. including replacements and additIOns thereto IS hereby declared to be a part of the feal estate secured by the lien of thiS Deed of Trust and ail of the
<br />foregoing being referred to hNelO as the "property"
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<br />ThiS Deed of Trust shall secure (a) the payment of the prinCipal sum and IOtp.rest eVidenced by Borrower.s note and/or credit agreement dated November
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<br />---l.. 1987 . having a matunty date of November ~002 _ In the onglnal pnnclpal amounl of S 15.000.00 and any and all
<br />modifications. extensions 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 01 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) all indebtedness and obligatIOns of Borrower to Lender whether direct. IOdlrect. absolute or contlOgent and whether arising b~' note.
<br />guaranty. overdraft or otherwise
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<br />Borrower. to protect the security of this Deed of Trust. covenants and agrees with Lender as tollows
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<br />1. P.yment of P,lncipaland Int.,..t. Borrowaf shall promptly pay when due the principal of and IOterest on. and any fees or charges prOVided In. the Note or 10 thiS
<br />Deed of Trust.
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<br />2. Tit", Borroweris the owner of the Property. has the right and authority loconvey the Property. and warrants thai the It en created hereby IS a flrsl and puor hen on
<br />the Property, eAcept as ma.,. otherwise be set forth herein. and the execution and delivery 0' thiS Deed Of Trust does not VIOlate any contracl or other obligation to which
<br />Borrower is subject
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<br />. 3 T...., A....~nt.. To pay when due all taxes. special assessments and all other charges against the Property and. upon written demand by Lender. to pay to
<br />Lender such amount 8S may be sufficient to enable the Lender to pay such taxes. assessments or other charges as they become due
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<br />4 Insur.nce. TO keep the Property insured against damage by fHO. hazards ,"cluded Within the term extended co\.'erage. and such other hazards as lender may
<br />require. in amounts and with companies acceptable to Lender. and With loss payable to the Lender In case of loss undef such poliCies. the Lender is authofllcd to adjust
<br />eolleeland compromis.e. all claims thereunder ;\nd shall have the option of applymg all or part of the msuranc(~ prOCf~etJs (Illo any Indebtedness Sf'ClHU{l he'eby and III such
<br />order 8~ lander may determine. (II) to Ihe (3orfowe~ to be used for the rapan Or restoratIon of the Property Of (111)101 any other purpose ur objert satisfactory If) lender
<br />Without alfectmg the hen 01 this DeOd of Trust fOf the full amount socurct1 heteby before ~uch paymont evel look pii1({~ An" .WPllcatlon 01 pror-{'(~d5 10 Int1ehleonf'SS ~holll
<br />not extend or pO~IPOflO the due dale of Any payments undot tho Note. or cure any default thcrl.'lJndf~' or hCH.'un!tt"
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<br />5 M.lnt.n.nt. Aep.tri and Comptllnc. with lIWI. Borrower !\t1dll kO(lp the Pronerty In good LOfi(jllll)!l .H\!1 rppi\,r !.I\i\il p/oll\pll,.' rep.llI 01 fcplacp any
<br />IIlif.lfovem@otwrllch may be dalnilglHt or destrovod. shall not cOf'l11n11 Or p(Hm,1 any waste or dlJlorlwallOn olltlf: PIUPl'll,. !o,h,l!l r\Ol If!tnOyf' !.1ei1"lOI!<;t) or subsllllltlally flllt"
<br />.!InV of Ih@lrtlp,overnf'nt'Sonthe f'rOpefly ~hAII not cornml!, suffer Of D(1f01lt any ;1(:1 to h(' dO'If~ In (Ir llpon tl1I' PHl~'l'lly if: \.!01"'1I)/\ ~)l arl\" In" q'l}H ;t~lr l-' Ilr rf-'quial~"1n 01)d ~. \
<br />'h,1Up",y .VH'j pf()mptly t1'''ttl/ugO.;1 Oot'owe, 8 (ost nod (t;(pen~e .--11 linn!> encumhf3nc '-'8 ,,'u1lh!HC.)t"~ 1.-.\ ,,:1,1 1"'IH)-"~.'" ,)1 .15~,,,<,,,pd aqllll\\III1{, Pf(}llf'11\ ,.11 ,'!'';.,.,hl'l ~,.rtdf.
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