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<br /> ~.. DEED OF TRUST WITH FUTURE AD'\! ANCES
<br />
<br />THIS DEED OF TRUST, is made as of the r 11 th 1 day ofr March 2008 byand
<br />among the.,!rustor, . Ri~h;ml F DlIv:lII :lnc1 N:ln~y F DlIv:lII, hm.;h:lnc1 :lnc1 wif~ '
<br />whose mallmg address 1S 1)04 K p.nnp.ily W:olt (jmml l"lhml Np,hrm:k:ol fiRR01
<br />(herein "Trustor", whether one or more). The Trus ee: NEBRASKA ENERGY FEDERAL CREDIT UNION
<br />whose mailing address is: P.O. Box499,Columbus,.NE 68602-0499. (herein "Trustee"), and the Beneficiary:
<br />NEBRASKA ENERGY FEDERAL CREDIT UNION whose mailing address is: P.O. Box 499, Columbus;NE
<br />68602-0499 (herein "Lender").
<br />FOR VALUABLE CONSIDERA nON, including Lender's extension of credit identIfied herein to:
<br />r . Richard F. Duvall and Nancy E. Duvall, husband and wife . 1
<br />(herem "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged,
<br />Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE,
<br />for the benefit and security of Lender, under and subject to the tenus and conditions hereinafter set forth, the real
<br />property described as follows:
<br />
<br />:(0. So
<br />1
<br />1
<br />
<br />Lot Nine (9), Colonial Estates Fifth Subdivision to the City of Grand Island, Hall County,
<br />Nebraska
<br />
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges
<br />and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and
<br />remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture,
<br />including, but not limited to, heating and cooling equipment; and together with the homestead or marital interests, if
<br />any, which interests are hereby released and waived; all of which, including replacements and additions thereto, is
<br />hereby declared to be a part ofthe real estate secured by the lien of this Deed of Trust and all of the foregoing being
<br />referred to herein as the "Property".
<br />This Deed ofTmst shall secure (a) the payment of the principal sum and interest evidenced by a promissory note
<br />or credit agreement dated r M:lrdl 11 ?OOR 1, having a maturity date of none stated 1
<br />in the original principal amount of [$ 70,000.00 1, and any and all modifications, extensions
<br />and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more
<br />than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) the
<br />payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of aU covenants
<br />and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations 9fBorrower
<br />(or any ofthem if more than one) to Lender whether direct, indirect, absolute or contingent and whether arising by
<br />note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all ()ther documents that secure the
<br />Note or-otherwise executed in couuection therewith, including without limitation guarantees, security agreements
<br />and assignments ofleases and rents, shall be referred to herein as the "Loan Instruments",
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtediless. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and
<br />warrants that the lien created hereby is a first and prior lien on the Property, except for liens and encumbrances set
<br />forth by Trustor in writing and delivered to Lender before execution of this Deed of Trust, and the execution and
<br />delivery ofthis Deed of Trust does not violate any contract or other obligation t9 which Trustoris subject.
<br />. 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all oth~r
<br />charges against the Property now or hereafter levied,
<br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term
<br />"extended coverage" and such other hazards as Lender may require, in amounts and with companies acceptable to
<br />Lender, naming Lender as an additional named insured, with loss payable to the Lender. In case ofloss under su~h
<br />policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder ~d shall have the option
<br />of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and ~~ such order as Lender
<br />may detennine, (ii) to the Trustor to be used for the repair or restoration of the Property or (111) for any other purpose
<br />or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby
<br />before such payment ever took place. Any applications of proceeds to indebtedness shall not extend or postpone the
<br />due date of any payments under the Note, or cure any default thereunder or hereund~r. .
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, 111 such a ma~er ~s Lender may
<br />designate, sufficient sums to enable Lender to pay as they become due one or more of.the followmg: .(1) all taxes,.
<br />assessments and other charges against the Property, (ii) the premiums on the property msurance reqUlred hereunder,
<br />and (Hi) the premiums on any mortgage insurance required by Lender.
<br />
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