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86_a. 106470
<br />ACKNOWLEDGEMENT OF DEED OF TRUST
<br />B0RR0r1MB IIBAD T1tN MIDIIfL fMOtIfN�
<br />Borrowets ((Trueewa) understand that the document that the Borrowers are about to execute is a DsW of Trust and rest a monpege aW that the power of axle
<br />provided her in the Data of Truer providw&AN Mi" d'NNnrN rights and obligations to the Borrowers than a mortgage In the event of • dNau(t or breach at obligation
<br />under the Deed of Trust including, bud not IWAW b, the Lefders right to have the Real P7-"�y sold by the Trustee without any proc"ing or foreclosure.
<br />BOMProm aIf n and warrant that this acknowledgement was executed d by them beta" ution of the Oiled Trutt.
<br />Borrower
<br />(Jerry G. Dimm .t lt
<br />l Borr°wer�(Patty J. Dimmitt)
<br />DEED OF TRUST WITH FUTURE ADVANCES PROVISION
<br />7tNS DEED OF TRUST, a made es of "S±A day of NQM29Uhet. 19 Ef._ . by end among the T rwtor. Jerry G . Di mm t
<br />Patty J. Dimmitt, Husband and Wife ,,�,OfetnaaingtfddfeslI P.O. Box 173, Aida, Nebraska
<br />(Iffes.1.scrd„w) t„eTr� William G. Blackburn, Attorney_
<br />werbse M"ft eaeess P.O. Box 2280, Grand Island, Nebraska_ (herein '•Trwtee'j and the Beneficiary.
<br />Five Points Bank Box 1507, Grande Isi�nd, NE
<br />wihose marling address rs ( heren "Larder "I.
<br />FOR VALUABLE CONSIDERATION, mtluding the indebtedness identified herein and trust Mrefn created. the receipt of which n hereby acknowledged. Borrower
<br />fersby WfW40Cewygrads, benders, conveys &nd at;Pgns to Trustee. INTRUST WIT" POWER OF SALE. for the benefit and security of Lender• under and subject 10t
<br />satin and Condo" hereaufter get forth, the real property, descrtbad in Exhibit A attached hereto and incorporated herein by this reference:
<br />Top~ with all buildings. improvements. fixtures. streets. stleys passageways easements, rights privileges and appurtenances located thereon or in strywiN
<br />pMair" tereto, and the rants, issues aW profits. reversions and remainders thereof including, but not limited to 'ifti•fing and co(Aing equipment and such Persona(
<br />PMOW+tythatsateefhedto the improysmsntsaoastoeonatnute atrature and together with the homestead or marital interests. it any, which intaeebsars hereby released
<br />and — ed: aN of which. inchtWng reptaCanwri sand adomons therao. s hereby declared to be a pan of the real estate secured by the Iran of this Deed of Trust and sit tee the
<br />foreppng bw* telerfed to herein es the "property"
<br />This Deedof Trust shah secure (a) the payment of the principal sum and inieresi evidenced by Borrowers note dated _ November 5, 1986
<br />ftawnga nS,h,nty daft d May 4, 1987 _ . in the original principal amount of S 20 r 026.00 and any and all modifications, extensions and
<br />nMware thereof of therreto andany, andaa futureadvances and readvances hereunder pursuant to one or more promissory notes (herein called "Note"): (b) the payment of
<br />O11er RUM advanced by Lender to protect the security of this Deed of Trust, with interest thereon as provided in the Note; and Ic) the performance of all covenants and
<br />agtesnfent of Borrower set form herein.
<br />Borrowr- to prolect the security of this Dead of Trust, covenants and agrees with Lender as toilow$
<br />1. P neat elMMeywsad lolwew. Borrower shall promptly pay when due the principal of and interest on. and any tees or charges provided in. the Note or in this
<br />Dead of Trust.
<br />Z TMa.Borro~ I$ the 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 liar ton
<br />thePrOperty eaceplasmayottwtvisebeaettonhonExhibttAnerMO and the exer ution and ditittiery of this Deed of Trust does not violate, any contractor other obligation
<br />o iahieh Borrower le &ublecd.
<br />J. Taxes. Maaaaatgaft To pay when dud au taxes. specs] assessments and all osier charges against the Property and, upon written demand by Lender, to pay to
<br />LWNW Much anlermt es may be sufficient t0 onable the LenOSr 10 Pay such texas, assessments or other charges as they become due.
<br />C Inhehraabe. TO keep LM Property insured og*hW detiragr by fire. Hazards included within Me term "extended coverage", and such other hazards as Lender may
<br />M*Aft. M amoudsaW with companies acceptable to Lender. and with lose payable to the Lander In use of rose under such policies, the Landow is authorized to adjust,
<br />COltecl and compromise, SO claims (Mraunder and shelf haft the option of applying all or pan of the insurance proceeds (i) to any indebtedness secured hereby and In such
<br />order ee Landfill My dslM one. (k) to the Borrower to be used for the repair or restoration of The Properly or (m) for any other purpose or object Satisfactory to Lender
<br />nMit101A a1lKtkhg the tree of this Deed of Trust for the full amount secured hereby before such payment ever took place Any application of proceeds to indebtedness &hall
<br />not emend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder
<br />S. imbilm ism Ill if I And Ceehptwhes rater Laws. Borrower shah keep the Property in good condition and repair. shall promptly repair, or replace any
<br />Improvement VA ic! many be damaged of destroyed. shall not commit or pennd any waste or deterioration of the Property, shall not remove, demolish or substantially alter
<br />antrof the impovementson the P,Operty: Mall not commit.%Wier or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and
<br />OWN MyaW promptly, discharge at Borrowers cost and expense ale flans, encumbrances and charges ferried, imposeo or assessed against the Property or any pan thereof.
<br />6. fanlaetlt Oemaif. Lender is hereby asalgnoG air compensation. awards.. damages and other payments or relief (hereinafter "Proceeds_) in connection with
<br />GOndemnaMn or O"m taking of the Property of part thereof. or for conrey( rice in lieu of condemnation Lender shalt be entitled at its option to commerce. appear in and
<br />proeeeule in No own frame any action or proceedings, and shalt also be entitled to make any compromise or settlement in connection with such taking or damage. In the
<br />dyed any portion of the Property is w taken Or damaged. Lender shall hers the option . in its sole and absolute discretion, to apply all such Proceed$. otter deducting
<br />ffhefehOm aN CO$U acrd exptnves incurred by din connection wit" such proceeds. upon any indebtedness secured hereby and in such order as Lender may determine, orto
<br />apply SN such Proceeds, afar, such dWuc(ions, to the restoration of the Property upon such conditions as Lender may determine. Any application of Pro roads to
<br />kdeOtadeeSe Male not attend or postpone the due date d any payments under the Note, or cure any default thereunder or hereunder.
<br />T. Pwlw�ty Leader. Inthe event or Borrower'stal lute to perform any of the covenants herein or makeany payments required hereby, Or if any act retaken or
<br />ISO prdCesdirp commetkood which msenalfy ~is Lender's interest in the Property. Lender may .n ns own discretion, but without obligation to do so, and without notice
<br />tour damatd u0er+BWfowwand evthout relasainq eofrower from any obligation, do any act which the Borrower has agreed but tails to do and may also do any other act it
<br />deem& tWmbWY to Prot@" the Security hefect. Borrower shelf immediately upon demand therefor by Lender, pay to Lender all costs and expanses incurred and sums
<br />OKPWA W by Lender in connection vnthifeexwvw by lender of the foregoing rights, togerher with interest thereon at the rate provided in the Note. which shall be added to
<br />the indebtedness secured hereby. Lefler, shall not incur any personal liability because of anything it may do or Omit to do hereunder
<br />B. Event M DO%Wt The following shell constitute an event of default under this Deed Of Trust
<br />is) Failure to pay any installment of principal or interest or any other sum secured hereby when due . or fa9ore to pay when dueany other indebtedness of
<br />Borrower, to Lander.
<br />(b) A breach of or default under any provision contained to the Note. this Deed of Trust, any document which secures the Note, arid any Other
<br />tncumWance upon tine Property,,
<br />1c) A whit Of execution or attachment or any similar pfocess shall be entered against Borrower which shall becomes lien on the Property Or any portion
<br />thweCrl of interest thr rein:
<br />(d) Theta sties be filed by or aPP;.:r Borrower, an action under any present or future federal, state or other statute. law or regulation relating to
<br />tlahtruplCy, insolvency or otter felts` for debtors. or there shall be appointed any trustee, receiver or liquidator of Borrower or of all or any part of the Property. or
<br />t1n raft, issues Of PrOffy thereof, of 80"Wef snail make any general assignment for the benefit of creditors
<br />(el The sift, tranNN, aaf gnmenL conveyance or funkier encumbrance Of all or any Pon of or any interest in the Property, eider vbluntarnty or
<br />nvokeewft without Ihe express written consent of Lander
<br />(t) If Borrower, i$ not an indfyiduN. the man. transfer, assignment, conveyance or encumbrance o! more than —__- percent of (if a corporation( Its
<br />Nwuad and outstanding Stock at (d4 partnership) percent of panteranip interests
<br />11, M=odm Awetwataa Upea beesat M the evaw of any Event Ot Detain LeMer may declare all indebtedness secured hereby to be due and payable and the
<br />seine 11111it Mereulterf become dud std peyote without any presentment. demand. PrOhest or notice of any kind Thereafter Lender may
<br />(H Demand thatTrwlSe oweetwethe POWER OF SALE granted nation. arid Trustee than thereafter cause Borrower's interest in the Property to be sort$
<br />Well ill* a faceMd , a be diebibuMd, all in the matwer provided in the Nebraaka Trust Deeds Act.
<br />(b) Ether ie fNer$en tw by egant. with at without Winging any action or proceeding, of by a recalven oppprnted by a court and without regard to the
<br />MWAM" of lla ta6uhty. ener upon andwk000wmionof tsPtOpeny, of any Pan thereof. in in Own name or in the name of the Trust. and d-. any acts which
<br />d =dwm fa0eeaarI of deeNraile io w4mw" Nn ywue. mantetec"Ay tar rentebilay o1 the Propany or part thereof or interest therain, increase the income
<br />tlayeffemOl traft44theeechl+ly Iter'aef wd. wreh or wthout taking POfsesNOn of the Property.. sue for or othenwuacoliect the rants, issues and proitnthersol.
<br />Wclw* gMtsesWwdue sand ungwd. and spPty lreswM� nsaCOMS and *, Pon*" Of operation and collection including alto, nays tees. upon anyindabtedness
<br />WM WO Ake Gov. till in such orderSe Lewder may ileletmiM The entering upon and eking possession of the Property. the c Wrachon of such rants, issue, and
<br />profits roof wwappfNeifNen rhweet ee afofeeeirt, sine not curs or waive anyr defaum Or ndYCe of default hereunder or invalidate any act done in response to such
<br />defauttow`Iremshah"t sin sign fioeeeOl ftkflandf and, nMwitne&tanding the cofitirewnce in Poseesahon of :fee Property tar Ihe cWleetdn recept anti aPpl +Catwn vt
<br />r4i+M, sweaa a atahtS. TraDetOrLendw Mon ba errsMtled to exercise every rp"i Mgyrded +o• in any et the Loan Inafrumant{ of by law Upon .x cur4nce Ot any
<br />•0611 f of fe1111ak, Nf CNWimp Nte +tight! to eaaf:isa the Power of wls and
<br />i$) comnmMiw M 40.00 W isaetlOM tttie bleed W Tfuat goo mortoW, SpoMnt a rficin,rer or Ape<,hcwlN xnrOrt! tiny Of the covenMts rwrPnf
<br />Lao mrytMdy hsYeMtlJlnlMred> IpiM4. reserved fo T,,i&WP or Lands( 10 r..pr„n ran try— p•;?vidPe c -. Swmilhid Tut Pacn P >,ei: be
<br />CiafMtekihs, Meet be M"Onlan to eves'"frof to edy@even rreNei,ndlef of nine or he.",*, evWisre{) at iAwo, i,I irrq-ly'>.r t•y sitlfui +A e,mxi he PaP!atiNeF �S:nr',y! +i.rriix
<br />i'fxlaMerrrte!rrr
<br />IM siXl+CeeYverY
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