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<br /> <br /> 6t, ier 1'7 ~ Z <br /> _ q Z ~ CA <br /> C) V) M <br /> 43 I> X <br /> • e- M <br /> iv •R C a C:) 0 <br /> -Z C) M <br /> Ca M: M A-i <br /> M ~ > Q <br /> Co 4 M` cr> N M P i <br /> 7ta d rv ~ ~ o <br /> M ~ <br /> 00 Z <br /> P co 0 <br /> DEED OF TRUST WITH FUTURE ADVANCES <br /> THIS DEED OF TRUST, is made. as of the [ 21 st day of L ~a <br /> DecerilbQr 2009byand <br /> among the Trustor, person <br /> whose mailing address is 1022 S Mine Street Gr~nd sland NE 68901 <br /> (herein "Trustor", whether one or more). The Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION <br /> whose mailing address is: P.O. Box 499, 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 CONSIDERATION, including Lender's extension of credit identified herein to: <br /> ill e a sin le erson <br /> (herein "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 terms and conditions hereinafter set forth, the real <br /> property described as follows: 1022 S Vine Street, Grand Island NE 68801 <br /> Lot 24, Buenavista Subdivision, Grand Island, Hall County, Nebraska <br /> <br /> <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 of the 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 of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note <br /> or credit agreement dated ember 21, 2009 , having a maturity date of December 21, 2019 <br /> in the original principal amount of , 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 all covenants <br /> and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower <br /> (or any of them 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 other documents that secure the <br /> Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements <br /> and assignments of leases and rents, shall be referred to herein as the "Loan Instruments". <br /> Trustor covenants and agrees with Lender as follows: <br /> 1. Payment of Indebtedness. 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 of this Deed of Trust does not violate any contract or other obligation to which Trustor is subject. <br /> 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other <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 of loss under such <br /> policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the option <br /> of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender <br /> may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or (iii) 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 evertook 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 hereunder. <br /> 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender may <br /> designate, sufficient sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, <br /> assessments and other charges against the Property, (ii) the premiums on the property insurance required hereunder, <br /> and (iii) the premiums on any mortgage insurance required by Lender. <br />