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<br />~. <br />~ <br />i <br />:> <br />~ <br />? <br /> <br /> "'> <br /> ;0 C'':':'':':'> C') UJ <br /> <::::::> <br /> m -",.., <:..rl 0 --..j <br /> "T1 1'''-( c: !-:..- <br /> c:: f~~I<:' C./) Z <br /> Z .:u ,"r) -j r:'"1 <br />n I'\''' ~,'" ;r-~ -'0 <br />:c n 0 v, -< (~'..'I <br />m )> ~ l ,," :.~,. N 0 ....,., <br /> r~ -\~ <br />n (I) (j --rl O? -" ..j.. <br />~ :I: '" i <br /> '..-... I <br /> '-..,.\ :r~... , , <br /> f"T1 r; -0 <br /> ,.1\ PI ::3 ,- .,.';.,~ <br /> l":J (I r J:.::".. <br /> 0 (,1") r. (J) <br /> Q N ;l"; <br /> t.,' l>> <br /> c..n '--" .......... <br /> -I: <P <br /> Cl1') <br /> <br />N <br />Gl <br />Gl <br />c.n <br />Gl <br />CD <br />U'l <br />tv <br />en <br /> <br />DEED OF TRUST WITH FUTUREADV ANCES <br />CONSTRUCTIONSECURlTY AGREEMENT <br /> <br />~I <br /> <br />Cl{r <br />eJl :r <br />~~ <br />~i <br />O?z <br />o <br /> <br />~(./ ..s 0 <br /> <br />This Deed ofTrust is made as of September 23, 2005 by and among Joel W. Lee and Deborah K. Lee, husband and wife, the Trustor, <br />whosemailingaddressisl08South2nd.Doniphan.NE 68832 (herein "Trustor", whether one or more), NebraskaEnergy Federal <br />Credit Union (herein "Trustee") whosemailingaddressisI41415thStreet.P.O.Box499.Columbus.NE 68602-0499, and the <br />Beneficiary, Nebraska Energy Federal Credit Union, whose mailing address is 1414 15th Street, P.O. Box 499, Columbus, NE <br />68602~0499 (herein called."Lender"). <br /> <br />FOR VALUABLE CONSlPERA TION,including Lender's extension of credit identified herein to Joel W. Lee and Deborah K. Lee, <br />husband and wife (herein called "Borrower", whether one or more) and the trust herein created, the receipt of which is hereby <br />acknowledged, 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 subjectto the terms and conditions hereinafter set forth, the real property, described <br />as follows: <br /> <br />Lot Fifty-nine (59), Amick Acres West Subdivision, Hall County, Nebraska. <br /> <br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances <br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such <br />personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling <br />equipment; and together with the homestead or marital interests, ifany, which interests are hereby released and waived; all of which, <br />including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of <br />Trust and all of the foregoing being referred to herein as the "Property". <br /> <br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit agreement <br />dated September 23, 2005 having a maturity date of September 23, 2006 in the original principal amount of$300,000.00 and any <br />and all modifications, extensions, and renewals thereof or thereto and any and all future advances and readvances to Borrower (or <br />any of them ifmore than one) hereunder pursuant to one or more promissory notes or credit agreements (herein called "Note"); (b) <br />the payment of other sums advanced by Lender to protect the security ofthe Note; (c) the performance of all covenants and <br />agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (or any of them if <br />more than one) to Lender whether direct, indirect, absolute or contingent and whether arising bynote, guaranty, overdraft or <br />otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection <br />" therewith, including without limitation guarantees, security agreements and assignments of leases and rents, shall be referred to <br />herein as the "Loan Instruments" . <br /> <br />Trustor covenants and agrees with Lender as follows: <br /> <br />1. Payment ofIndebtedness. .. All indebtedness secured hereby shall be paid when due. <br /> <br />2. Title. Trustor isthe owner ofthe Property, has the right and authority to convey the Property, and warrants that the lien <br />created hereby is a first and prior lien on the Property, excepHor liens and encumbrances set forth by Trustor in writing and <br />delivered to Lender before execution of this Deed of Trust, and the execution and deliver of this Deed of Trust does not <br />violate any contract or other obligation to which Trustor is subject. <br /> <br />3. Taxes, AssessIhents. To pay before delinquency all taxes, special assessments and all other charges against the Property <br />now or hereafter levied. <br /> <br />4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage" and <br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an <br />additional named insured, with loss payable to the Lender, In case ofloss under such policies, theLenderis authorized to <br />adjust, collect and compromise, all claims thereunder and shall have the option of applying all orpart of the insurance <br />proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (H) to the Trustor to be used for <br />the repair or restoration of the Property or (Hi) for any other purpose or object satisfactory to Lender without affecting the <br />lien of this Deed of Trust for the full amountsecured hereby before such payment ever took place, Any application of <br />proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note or cure any default <br />thereunder or hereunder, <br /> <br />5. Escrow, Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient <br />sums to enable Lender to pay as they become due one or more ofthe following: (i) all taxes, assessments and other charges <br />against the Property, (H) the premiums on the property insurance required hereunder, and (Hi) the premiums on nay <br />mortgage insurance required by Lender. <br /> <br />6, Maintenance, Repairs, and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall <br />promptly repair, . or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or <br />deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; <br />shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or <br />regulation; and shall pay and promptly discharge at Trustor's cost and expense all liens and encumbrances and charges <br />levied, imposed or assessed against the Property or any part thereof. <br />