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<br />I <br /> <br />88- 101663 <br /> <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br /> <br />BORROWER READ THIS BEFORE SIGNING: <br /> <br />Borrower understands that the document that the Borrower is <br />about to execute is a Deed of Trust and not a mortgage and that <br />the power of sale provided for in the Deed of Trust provides <br />substantially different rights and oblig~tions to the Borrower <br />than a mortgage in the event of a defal11t or breach of'obligation <br />under the Deed of Trust, including, but not limited to, the <br />Lender's right to have the Property sold by the Trustee without <br />any judicial proceeding. Borrower represents and warrants that <br />this acknowledgement was executed by it before the execution of <br />the Deed of Trust. <br /> <br /> <br />By <br /> <br />~t L>t- <br /> <br />ident <br /> <br />"Borrowerll <br /> <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br /> <br />THIS DEED OF TRUST is made as of the 1st day of <br />April , 1988, by and among the Trustor, OLD SEARS DEVELOP- <br />MENT, INC., a Nebraska corporation, whose mailing address is <br />P. O. Box 790, Grand Island, Nebraska (herein "Borrower", whether <br />one or more), the Trustee, Ibnald R. Stading, Attorney at Law <br />, whose mailing address J.S NOC Center, 13th & 0 Streets, <br />Lincoln. NE 68508 (herein "Trustee"), and the Beneficiary, THE <br />OVERLAND NATIONAL BANK OF GRAND ISLAND, whose mailing address is <br />304 West Third Street, P. O. Box 1688, Grand Island, Nebraska <br />(herein "Lender"). <br /> <br />FOR VALUABLE CONSIDERATION, including the indebtedness <br />identified herein and trust herein created, the receipt of which <br />is hereby acknowledged, Borrower hereby irrevocably grants, <br />transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER <br />OF SALE, for the benefit and security of Lender, under and <br />subject to the terms and conditions hereinafter set forth, the <br />real property, described as follows: <br /> <br />Lots One (1), Two (2) and the Easterly <br />Forty-Four (44) Feet of Lot Three (3) :J.n <br />Block Sixty-Three (63) in the Original Town, <br />Now City of Grand Island, Hall County, <br />Nebraska: <br /> <br />,. <br />, <br />i <br /> <br />Together with all buildings, improvements, fixtures, <br />streets, alleys, passageways, easements, rights, privileges and <br />appurtenances located thereon or in anywise pertaining thereto, <br />and the rents, issues and profits, reversions and remainders <br />thereof, and sucb personal property that is attached to the <br />improvements so as to constitute a fixture, including, but not <br />limited to, heating and cooling equipment; and together with the <br />homestead or marital interests, if any, which interests are <br />hereby released and waived; all of which, including replacements <br />and additions thereto, is hereby declared to be a part of the <br />real estate aecured by the lien of this Deed of Trust and all of <br />the foregoing being referred to herein as the "Property". <br /> <br />This Deed of Trust shall secure: <br /> <br />~ <br /> <br />, <br />; <br />~ . <br />\ <br />., <br /> <br />-1- <br />