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ACKNOWLEDGEMENT OF GEED OF TRUST 66, 166372
<br />somnowwM MAO TIM em4m NOINfI�
<br />Borrowers ((Trtstal understand that the doeurrrsnt that the borrowers are about to execute Is • Deed of Trust and ref a mortgage and that tee pool of seta
<br />proaided for in Be peed of Trust provides tu4e4nUaW diffe rent rights and obligations to the Borrowers than a mortgage in the event of a default or breach of obligation
<br />under Ow peed at Trust, including, but riot Instead to, the u Lander's right to have the Reel Property sold by the Trustee without any judicial proceeding or foreclosure.
<br />sorrow sts nPfaesrn and warrant Mat this ecknootodgemorst was executed by them before the execution of the Dead of Trust.
<br />(J anette Borrower E. McCarthy)
<br />Borrower
<br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION
<br />THIS DEED OF TRUST. is made soot the 29 day of October . igg6 . , by and among the Trusloc Jeanette E.
<br />S' LL11S, A Single Person _ whose mailing address is _2904 N.W. Front, Grand Island, NE
<br />(tnratn- SwMw.r•),it*Tnafte. _ Willia(n G. Blackburn
<br />whoeelteuingadoreees —Pa_4 Box 2280, NE 68802- 2280_____ (herein 'Trustee "). and thee.nNiciary.
<br />Five Points Bank L.____ .whosemailingaddressis P.O. Box 1507 Grand Island, NE (heroin "Lender").
<br />FOR VALUABLE CONSIDERATION, including the indebtedness Identified herein and trust herein cranked, the receipt of which is hereby acknowledged. Borrower
<br />hereby irrevocably grants. tranffart, conveys and assigns to Trustee, IN TRUST. WITH POWER OF SALE. for the benefit and security of Lender, under and subject to the
<br />Wit end contentions, heretefter sat "ft. the real property in Exhibit A attached hereto and Incorporated herein by this reference:
<br />Togathm with all buildings. improvements, fixtures, streets, alleys- passageways, easements. rights, privileges and appurtenances located thereon or in anywise
<br />pertainNtp fhae.lo, and the tents. rasuss and profits. reversions and remainders thereof; including, but rot limited to iierting and cooling equipment and such personal
<br />properly tlhat IsalacMd to the improvements so as to constitute a fixture. and together with the homestead or marital interests. if any, which Interests are hereby released
<br />had waived; 611011 which, Including replacements and additions thereto, is hereby declared to ha apart of the real estate secured by the lien of this Deed of Trust and allot the
<br />forogwng b" referred to herein as the "or=erty" e See Attached Exhibit
<br />This Deed of Trust shalt secure (a) the payment of IM principal sum and interest evidenced by Borrower's note dated 10/29/86
<br />haying a maturity dap of . 12A / fig in the original prncepai amount of S 2s.151�03 - --_ and any and all modifications. extensions and
<br />renw^ -"U motor then toand"and all future advances and readvainces hereunder pursuant to one or more promissory notes (herein called "Note"), (b) the paymentof
<br />Other *UOWO WnCed by Lafider to protect the security of that Deed of Trust . wnh interest inerean as provided in the Note: and (cl the performance of all covenants and
<br />agreement of Borrower sat forth herein
<br />Borrower, to protect the security of this Deed of Trust, covenants and agrees with Lender as follows
<br />1. ppasen aillit mi/M WAjeffateaf. Borrower Shan promptly pay when due the pnnoipal of and interest on, and any tees or charges provided in. the Note of in this
<br />Dead of That.
<br />2 TIIN. Borrower rate owner of the Property has the fight and authority to convey the Property . and warrants that the lien created hereby is a first and prior lien on
<br />the Property.excW as may (therwise be set form on Exhibit A hereto and the eaecuhon and delivery of this Deed of To does not violate any contract or other obligation
<br />to which Borrower is subject.
<br />3. Tate, AagaaaMwsa. To pay when due ail taxes. speciat assessments and an other charges against the Property and, upon written demand by Lender, to r;ay to
<br />Lander such amount ee may be sufficient to enable the Lender to pay such taxes assessments or other charges as they become due
<br />a, kranMaa, To keep" Property insured against damage by tire, hoards rnctuded within the term 'extended coverage", and such other hoards as Lender may
<br />MWird• in amounts and MM companies eccaptaD(t to Lender, and with 1066 payable to Inc Lender In case of loss under such policies. the Lender a authorized to adjust,
<br />C~ Widcompiphtee, all claims tleroundar and sham he" the option of applying all or part of the insurance proceeds 11) to any indebtedness secured hereby and in such
<br />order ee Lender may determine. Iii) to the Borrower to be used for the repair or restoration of the Property or (set) for any other purpose or object satisfactory to Lender
<br />WW*C, t itleCthtg the (left of ft%* Deed W Tryst tot the tuts amount secured hereby before such payment ever took place Any application of proceeds to indebtedness shat(
<br />not extend or postpone the due dap of any payments under the Note . at cure any default there Jnder or hereunder
<br />S. MakrMnsRee a ln tern co"Wase se wish laws. 80rrower shall keep the Property in good condition and sepals, shall promptly repair, or replace any
<br />improWnNM Wticft may be damaged or 1leed0yed: shat( not commit or permit any waste or deterioration at the Property shall not remove, demolish or substantially alter
<br />any of iha w4pfovor ere on the Property, "I not commit, sutleror permit any act to be done in or upon the Property to violation of any Law, ordinance, or regulation: and
<br />Shag pity and promptly discharge at Borrower's coat and expense at; liens, encumbrances and charges c tired. imposed or assessed against tee Property or any part thereof.
<br />6. Staines Detonate. Lander is hereby assigned all compensation, awards, damages and other payments or relief (hersinaf er "Proceeds ") in connection with
<br />condow"jidet or othes taking of the Property cir part thatoof. at (w contrayerice,r; liou of condemnation Lender Shan be entitled at its Option tOCdfr~ca, appear inand
<br />proeecup to tta own name any acton or proceedings, and Shan also be entitled to make any compromise or settlement in connection with such taking or damage. In the
<br />pent trey pbrtbn at the Property so so taken or damaged, Lender shall have the option. in Its Soto and absolute discretion, to apply all such Proceeds. after deducting
<br />sot Iran alt Co blend expemeee incurred by it In connection with such proceeds. upon any indebtedness secured hereby and in such Order as Lender may determine, or to
<br />apply AN such ProCeeda, . siege such deductions, to the (ytoration at the Property upon such conditions as Lender may determine. Any application of Proceeds to
<br />MdebMdneM fhaN not eal.nd or postpone the due dap of any payments under the Note . or cure any default thereunder or rereunder
<br />T htlestnetsaelsf lethder. In the event of Borrower' s failure to perform atoyofrhe covenants herein or make any payments required hereby. or if any act is taken or
<br />legal proces"eomnencsd which motertany amects Lender 9Interest m the Property. Lender may m ds own discretion, but without obligation to do so. and without notice
<br />to or detreatd upon Borrower and without releasing Borrower from any obtigahan, do any act which the Borrower has agreed but fails to do and may also do any other act it
<br />deerhe necessary to protect tee security hereof. Borrower snap, immediatety, upon demand thereto. by Lender pay to Lender an costs and expenses incurred and sums
<br />expanded by lender In connection with the exercise by Lender of the f oregoirtg rrghta, together with interest thereon at the rate provided in the Note. which shall be added to
<br />rent moebpdlteM secured hereby Lander shalt not incur any personal liablhty hacause at an 0huig It may do or pmd to do hereunder
<br />6. Is.trta of paled(, The following shalt constitute an event of default under this Deed of Truitt
<br />(a) Failure to pay any installment of principal or interest or any other sum secured hereby when due ar failure to pay when due any other indebtedness of
<br />Borrower to Lender;
<br />III) A breach of or default under any provision contained in the No%. this Deed of Trust any document which secures the Note, and any other
<br />encumbrance upon the Property.
<br />(I:) A wnt of execution or attachment or any similar process shat, be entered against Borrower which Shall tecome a Iten on the Proparty or any portion
<br />thetWt Or interest therein;
<br />(d) There shstt be flied by or against Borrower an action under any present or future federal state or other statute, law of regulation relating to
<br />oeekrupley, insolvency of otrivrolief for debtors. or there shall "appointed any trustee . receiver or iiqurdator of Borrower or of all or any part of the Property or
<br />the rents, Bait" or profits thereof or Borroke, shall make any general asslgnrrrom to, the benefit of creditors
<br />(e) The hap. Irerhaler, assignment, conveyance or tuAher encumbrance of sit or any part of or any interest in the Property *#that voluntarily or
<br />invohmhnty, vMtOW the express written consent of Lender
<br />(f) It Borrower is not am individual. In* sent. transfer, assignment. conveyance at encumbrance of more than _ �,�..., percent of (it a corporation) its
<br />vww arid t1WMendwp stock or tit a partnership) __ -_ percent of partnership Interests
<br />6 ftoo& ac Aeodwolfantlpw besaelL In the event of any Event of Default Lender may declare all indebtedness secured hereby to be due and payable and the
<br />seiw ~ onsin upon become due and ppaWe wriMout any Praser tmem, demand. protest or notice Oo any kind Thereafter Lender may
<br />(a) Derhsmd Mat Trusts* exercise le POWER Of SALE granted herein. and Trustee sf.11 thereaffer cause Borrowers interest ht the Property lobe Sold
<br />and tee precsade 10 be dtetrtbused. all in ate rant weer provided in the Nebraska Trust D"de Act.
<br />JO) PtiMntr in person ar try egerN., wipe of without bringing any action or pfoceedmg, or by a raceiver, appointed by a court and without regard lathe
<br />.daYeeoy olA. *acyrlly, timer upon end take poaseMion of the Property, or any part thereof. in its own r:..me or ,n the name of the Trustee. and do any acts was h
<br />n doom ntagem Yoe deetreON to pre'serye ire glue. marketability or rentabihfy of the Property. or can thereof or interest theism, increase tee income
<br />phefaffel*W prONClnh.faetrtity fhereOt and. erVM O/tafthpytttling pobessla+i afthe Property Sue for or ol"rw+se collect the tents. issues and prph.y thereof
<br />mallet" lion psetdueshd unpaid. orhdapplythesane,f.aecoeta and axpmase of operation altocollection in„ lusting atto rneys tees, upon any indebtedness
<br />seew eff har.by, an M such order"Lander they detetmihe Tint enfie ing upon and taking possession at the Property, the collection of Such rents, issues and
<br />0 joh WWWAOO """"%"NO eealptoo". tiANt netCure or waive any defaultor noticeof default herr.,fKw ortnvolidaut any act done in response to Su°n
<br />do kerb a wwow6nl to such n, - I of default alto, roge thstandnng this caniinU*nce to Caswell G.f the Property a• the r. oiiao:tWn racetpr end appl.ca!ion of
<br />rethas, ieatraa or Prt>kiW Tnetef Of Lender shat(bettntnied to exercise awry tight provided for sn any ism the Loan Instruments,,, by taw ,Pon ooctnonce Dt any
<br />evert of deftm"., a oluallg the right to eaaatM the tntw'ar of a" atld
<br />¢e) DOmmlam*f an seeon to tereCloM the Dean of I "At as a mUrt~ . eppornt a rvr; ertilr o• yprrc±lK.aiiy nnrf!•i:a any or the c9nnanrs 1,-1
<br />tip nsaMlWfWrrNw eMrlei.tad:eptln nrreeavteA to Trypia wr Lenr9er e!htnevtert to that e.tausive at any other romWyn.rri�ia ny taw c <c *v tiles c•twtrmined hvt each snsi!oe
<br />tom: shape be In adan et, to every {dieter tome" given heroun4sr Dr now D. n.iraatlei e,sating aI taw " ir, Sdu.uy nr nv st.lt>te and •may hill eint. 'steed c"icu, •nr.nv
<br />ih+ sucoeawMy
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