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87--- 106666 <br />ACKNOWLEDGEMENT OF DEED OF TRUST <br />BORROWERS READ THIS BEFORE SIGNING: <br />r Borrowers(Trustors) understand that the document that the Borrowers are about toexacute is a Deed of Trust and not a mortga a and that the power of sale provided <br />I for in the Deed of Trust provides substantially different rights and obligations to the Borrowers than a mortgage in the event ofed a t or broach 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 )udtci pr Seeding or foreclosure. Borrowers <br />represent and warrant that this acknowledgement was executed by them before the execution of the Deed of Trust. <br />(William W. Roberts) Borrower <br />'"��)O a A. Rober�s) a � (ro� wer <br />PREFACE TO DEED OF TRUST <br />COMPLETE this portion ONLY it the real property described consists of INDIVIDUALLY OWNED AGRICULTURAL LAND. <br />If applicable, complete ONLY ONE either A. S. or C: <br />❑ A. DISCLAIMER OF RIGHT TO DESIGNATE HOMESTEAD: <br />The Borrowrls) 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 />more than oho, do hereby disclaim their right to designate a homestead pursuant thereto No part of the homestead of either of the Borrowers) is presently or will in the <br />future be situated upon said real estate. The Borrowers I understand that d either establishes a homestead on any part of said real estate during the time the Deed of Trust <br />remains unsatisfied and alien 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 />❑ 8 WAIVER OF RIGHT TO DESIGNATE HOMESTEAD: <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 it <br />more tit an one. do hereby waive their fight to designate a homestead pursuant thereto The Borrower(s) understand that they have the right to make a designation of <br />homestead and that byexecuting this waiver. they are waiving rights otherwise available for the put pose of affording them the opportunity to retain their homestead in the <br />event of a default upon the Deed of Trust. <br />❑ C DESIGNATION OF HOMESTEAD: <br />Pursuant to the Farm Homestead Protection Act (Section 76 -1901 et seq Revised Statutes of the Stale of Nebraska), the Borrower(s). do hereby designate the real <br />pfbpeny described in the "Designation of Homestead" attached hereto and incorporated herein by this reference <br />Borrower <br />Borrower <br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION <br />THIS DEED OF TRUST. is made as of the 12tituay of November ig 87 cy and among the Tn,stor. Will(am W Rabeits <br />Marjorie A. Roberts_, husband a-nd wife „.,se1,ui.nga1,ress,1 P.O._ Box <br />NE _68802 -1843 - ,h,rem Borrower I tit, Trustee Five Points Bank, Grand Island, Nebraska ------- <br />whosema0mgaddressis _P.0._BoX._1507, Grand. Island, NE 68802 -1507 - . -_. (herein °Trustee <br />'). <br />andtheBenefiCtary. _.E(ve.Points. Bank, Grand Island, Nebraska _ <br />whose mailing address is _P.O. Box 1507, Grand Island, NE 68802 -1507 (herein Lender) <br />FOR VALUABLE CONSIDERATION incl oiling the, ndebtedr..ess donut :er, herein, an it tr ­1 ne: e,n created m ,ecepl cfwhich ,s herebyacknowledged .Borrower <br />herebyorevocablygfants. transfers. conveys and assigns to Trustee INTRUST WITH POWER O� SALE !or the bl and security of Lender under and subject to the <br />terms and Conditions hereinafter set forth the real property described as tol:Ows <br />Lots Eleven (11) and Twelve (12), Hayman Subdivision of the West Half (W}) of the Northwest <br />Quarter (NW}) of Section Twenty -five (25), Township Eleven (11) North, Range Ten (10) <br />West of the 6th P.M. in Hall County, Nebraska. <br />Together with all buildings improvements, fixlures . streets alleys, passageways easements rights privileges and appurtenances located thereon or in anywise <br />pertaining thereto, and the rents. issues and profits. reversions and remainders thereof including . but not limited to hearing and cooling equipment and such personal <br />property that rs attached to the improvements so as to constitute a f i,ture. and together with the homestead or manlal u,W esis. d any. which interests are hereby released <br />and waled. all of which, including replacements and additions thereto is hereby declared to be a part of the real estate secured by the lien of This Deed of Trust and all of the <br />foregoing being referred to herein as the properly" <br />This Dead of Trust shall secure (a) the payment of the principal sum and inlere5l evidenced by Borrower s note and or credit agreement dated <br />having a maturity date of _ De .. 1,_ 2003 in the original principal amount o! $ 1.15,_000_.0.0__ and any and an <br />rnddd- aborns, extensions and renewals thereof or thereto and any and all it 1— advances and readvances nereunder pursuant to nine or more promissory notes or credit <br />agreements therein Called "Note '1.(0) the payment of other sumsadvanced by Lender td protect the security of the Not, (clihe perfor mance at l cove ndnts and agreement <br />of Borrower set forth herein. and Id) all indebtedness and obl :. gah Ons of Borrower IO Lender whether direct inAi,ect. absolute or con) ingenI and whether arising by note, <br />guaranty overdraft or otherwise <br />Borrower, to oroteCt the security of this Deed of Trust. Covenants and agrees with Lender as follows <br />I Paymartt W PrhrClPel and Interest. Borrower shall promptly pay when due the pnnci pal of andinie,esi on anoa,yl-e ch.,g.spns.4r,0m the Noteormtnis <br />Deed at Trust. <br />2 TWa. Borrower rstheownerof :he Property. hasthe right and authority tocon,eythe Property and warrants that the hen created hereby is a first and prior lien on <br />( the Property. eAC @pl as may Otherwise be 4 @t fdrm her@ -m. and Me exec JtiOn and delivery of this Deed Of Trust Corson? violate any contract or other obligation to which <br />Borrower is subject <br />3 Tint". Assouffafft. To pay when due ail taxes. special assessments and all other charges against the Property and upon written demand by Lenae, to pav to <br />Lender Such amount as mat b@ Sufficient to enabie 11@ Lender to pay such Tales assessments or other charges as they become due <br />4 Minister". To keep the Property insured against da . age by lire. I.—ds mc!uded within t ^e term e,len JId coverage and omar na;a,ds as Leede, ni a, <br />require in amw nls and loth cgmpeni69 ace @planle to Lender. a� ^, with :USS payaDie to the Lender n case t� "r a> �ndee s i. (oliciesiiorr s authorileA to aAiusf <br />cgilecl and compromise all curing thefennde, and 6..I Ihave theiJPT,d or apply ,4._ or part .1!he v I11•erel`va 1 : <br />order a9 Larsdar ma{ d @telmen @, : i t9 the Borr()wer in fie us@d !Or trip @pAir or rt srpral C ^! She Property .r i :r ii.:. ti I , -: i..l;r . , .., . <br />wdhoul aftecimg the lien of in,, Deed or Trusl for I'll 'All a. - .111 -u ed 1—r;V before So, t, . par re. -t ei:tlr tr k C aco A—, , , e. _, . i -r, .s t. , !,T <br />not ro,w'd or postpone ii -due, dare Many payments undo, this NMI "e any d titer.+ . 9,r ..r.., :, :� +..1,.. • :. -, , , . , . • �.., <br />5 Ressiga and Compireml with Laws it fie .. ec <br />:mpa- efn"ol wh;chma "edema 0:�.-- .I�s'.roYa1 .. i•. <br />- y ., an :hen . , c - , - :., :: :,r. mil ®. y act <br />dr=yor it. pt. e Pr(ye,ty she t yr C^. n, sit :,i :a <br />nAe a`�apxid L, =.Tt .y • & -. +d r,Te at (aso „?ww ,. �a18,• :9w Pe rW�+r@rttik <br />