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<br />88-100983
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<br />ACKNOWLEDGEMENT OF DEED OF TRUST
<br />
<br />BORROWERS REAO THIS BEFORE SIGNING:
<br />Borrowers (Trustors) understand Ihat the document thaI the Borrowers are about to execute is a Deed 01 Trust and nClta mortgage and that the power of sale provided
<br />for In the Deed of Trust provides subslantlally different rights and obligations to the Borrowers than a mortgage in the event of a default or breach of obligation under the
<br />Deed of Trust, Including, bul not limited 10. the Lender's right to have Ihe 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 e~e'iutlon ot Ih.e Deed of dTrust. I
<br />BUCK s oVlng anI s~age/l.nc"
<br />
<br />B" M ~
<br />
<br />Borrower
<br />
<br />
<br />President
<br />
<br />Borrower
<br />
<br />PREFACE TO DEED OF TRUST
<br />
<br />COMPLETE thle portion ONLY IIlhe real properly deecrlbed conllltl ollNDIVIDUALL Y OWNED AGRICULTURAL LAND.
<br />lIeppllcable, complete ONLY ONE either A, B, or C:
<br />
<br />o A. DISCLAIMER 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 eslate described therein. The Borrower(s). and each olthem if
<br />more than one, do hereby disclaim their right to designate a homestead pursuant thereto. No part of the homestead of either 01 the 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 on any part of said real estate during the time the Deed oITrust
<br />remains unsatisfied and 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
<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 of them if
<br />mOrG than one, do hereby waive their right 10 designale a homestead pursuant thereto. The Borrower(s) understand that they have the right to make a designation of
<br />homestead and that by executing this waiver, they are waiving rights otherwise available tor the purpose of affording them the opportunity to retain their homestead in the
<br />event of a delault upon Ihe 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 "Oesignallon of Homestead" attached hereto and Incorporated herein by this reference.
<br />
<br />Borrower
<br />
<br />BorrOW9r
<br />
<br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION
<br />
<br />THIS DEED OF TRUST. IS made as of the .22_ day of .EbrJ.lill::.Y_ 19 ~. by and among the Trustor. Buck's Moving
<br />
<br />and Storage, Inc. ____._~___________..__.whosemallongaddressls P.O. Box 1207, Grand Island,
<br />
<br />NE (hereln"Borrower").lheTrustee. _____yhl1_iall\_~_Blackburn, a Member of the NE State Bar Assn.
<br />
<br />whose mailing address is ~.O._~ox 2~80, GrCl.n(j Is1~!!d, NE (herein "Trustee"),
<br />
<br />and the Beneficiary. Five Points Bank nu.__~___
<br />
<br />whose mailing address is ___E.~_~q~n228QL. (;rand Islan~~__688~._ (herein "Lender")
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<br />FOR VALUABLE CONSIOERA TION. mcludmg 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. for the benefit and security of Lender. under and subject to the
<br />terms and conditions hereinafter sel forth. the real property. deSCribed as follows
<br />
<br />Attachment hereto
<br />
<br />Together with all buildings. improvements. fixtures. streets. alley~. passageways. easements, rights. privileges and appurtenances localed thereon or in anywise
<br />pertaining thereto. and the rents. issues and profits. reversions and remainders thereof; Including. but not limited to. heating and cooling equipment and such personal
<br />property that Is attached to the improvements so as to conslitute a fixture: and together with the homestead or marolal interests. if any. which interests are hereby raleased
<br />and waived; all of which. including replacements and addilions therelo. IS hereby declared 10 be a part of the real estale secured by Ihe lien of this Deed of Trust and all 01 the
<br />foregoing being relerred 10 herein as the "property"
<br />
<br />This Deed 01 Trust shall secure (0) the payment of the principal sum and Interest evidenced by Borrower's note and/or credit agreement dated __~~_~
<br />
<br />-2/-22/-B8 . having a malullty da.e of ___U1L2QD..L..~ . 10 Ihe ollglOal pllnclpal amoun' of S 1.20.,.0.00 ..00__. and any and all
<br />modifications. extensions and renowals thefeof or thereto and any and all future advances and readvances hereunder pursuanllo one or more promissory notes or credit
<br />agreements (herein called "Note"'. (b) Ihe payment of olher sums advanced by Lender to prolect Ihe securily of the Note: (c) the performance all covenants and agreemenl
<br />01 Borrower set lorth herein: end (d) all Indebtedness and obligations of Borrower to Lender whether direct. IOdirect. absolute or contingent and whether arising by note.
<br />guaranty. overdraft or olherwlso
<br />
<br />Borrower. to protect the secufity of this Deed of Trust. covenants and agrees With Lender as follows:
<br />
<br />1, Payment of Prlncip8'and Int.r..t. Borrower shall promptly pay when due the principal (If and interest on, and any fees or charglls prOVided In, the Note or In thiS
<br />Deed of T rUlt.
<br />
<br />2. T"t<<. Borrower is the owner olthe Property. has the nght and authority to convey the Property. and warrants that the lien croaled hereby IS a first and prior lien on
<br />the Property. except as may otherwise be set forth herein. and the execution and delivery of thiS Deed of Trust does not violate any contracl Of other obligation 10 which
<br />Borrower is subject.
<br />
<br />. 3, T..... A'H..ment.. To pay when due 01l18)(eS, special assessments and all other charges against the Properly and. upon writlen demand by Lender. to pay to
<br />lender such amount as may bo sufllclenl to cnable the Lender to pay such taxos, assessments or other charges as they become duo
<br />
<br />4. Inaur.net. To koep the Property insured aQains1 damage by 1110. hazards ,"cluded withlO the term Uelttcnded coverage'. and such other hazards as lendN may
<br />require. In amounts and with Companlal Accoptable 10 Londer. and with loss payable to the Lender In case olloss under SUCll pOloCIOS. Iho Londer IS aulholllOd 10 adlust,
<br />collecl and compromiso. all claims therounder and shall have the option of applying all or ~')art of the msuranC8 procoeds (I) to any Indebtedness socurod tlcroby and In Such
<br />order as Lendsr may doter mine, (II) 10 Iho Darrowor 10 bo used for ttl0 repall or restoration of the Property or (Ut) for anI,' olher purpose or obJoct satisfactory 10 lenl1(>f
<br />Without affoctlng 1he lion ollhil Quod of T rust lor tho full amount seCUHld heroby before suCh paymont ever took pldce Any appllCtlt10n al proceods to ,odehlm1nf)SS ShitH
<br />nOI OKlond or poa'pone tha duo dUlo of ftny payments under tho Nolo. Or cwo any dofault thereunder Of horeundC'l
<br />
<br />5 Maintenance ".p.l" Ind Ccmplllnc. .,Uh l.wI. BorrowQr ~'11'1I kf.lep the Proporty In -g00(1 c'::ont1111011 Mllj 'epJII st1,tll p!OlTlplly '('pillI \)r fepl.1ClJ any
<br />If!1prO'f(trnetll which may bo darT'l."I}(ld Of OoMroyed. ~hall not corn,ml or permit any W{l~t(l Or dCt(H1QUU,CHl uf the Prop(>ll)' Sllilll1101 'l!lllo...e dlllTlOllsh 01 suhslilnllally "tlllr
<br />any of tho JmprOvOrmHil$ on Ihe Pr(:jpfIi'h. ~hall not COllHmt. sufllH or Pf7rmlt :\ny "et to bo dono ltl or upon 1110 PrOprlll., 1(1 \,11111.1110" 0' ,1m,. j.lW (H(fIIl,WCt. tV rnqllldltOfl and
<br />\h.ln J.\aV .il"ld fHOInplly rtl'Chi"Qf~ III Bo,rower's CO!t iinll a.nftn~e Illllltlnl!l urlcullllHiH1CllS Hnd d\il'qt~'). l(l\{,(!d lInpl)S(lt1 (H ,"l"....t.......pd IQa,p\! HIe 1', ('I'IHlv \)1 ~I)\ parllhtlfl~O'
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