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.___ ~a ~~ '~ ~ ~ _ m .~__._ ~ ~~~'~ z n= ~ ~~ c~ r~i ~ v ~ n ~- °~ cn ~ rr~ ~ '~1 ~ ~ ~ ~ ~ can ~ ~ _. ~ ~ ~y a '~ DEED OE TRUST WITH FUTURE ADVANCES THIS DEED OF TRUST, is made as of the C 13th ~ day of L .. ~ Ja1li~lal;Y 1,010, by and among the Trustor, n husband and wife ~ whose mailing address is (herein "Trustor", whether one or more). The Trustee: EBRASKA ENERGY 1?EDERAL CREDIT UNION whose mailing address is: P.O. Sax 499, Columbus, NE 68602-0499. (herein "Trustee"), and the Beneficiary: NEBRASKA. ENERGY FEDERAL CREDIT UNION whose mailing address is: P.O. Box 499, Columbus, NE 68602-0499 (herein "Lender")- FORVALUABLE CONSIDERATION, including Lender's extension of credit identified herein to: ~. _ Jnhn H_ Swanson and Deanna J. Swanson. husband and wife ~ (herein "Borrower," whether one or more) and the trust herein, created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably greats, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the ttrms and conditions hereinafter set forth, the real properly described as follows: 321 Quail Court, Doniphan NE 68832 Lot Forty-Five (45), Amick Acres West Subdivision, Hall County, Nebraska Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment; and together with the homestead or marital interests, if any, which, interests are hereby released and waived; 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 foregoing being referred to herein as the "Property"_ This Deed of Trust shall secure (a) the payment of the principal sum. and interest evidenced by a promissory note or credit agreement dated [_ January 13, 2010 1, having a maturity date of _ January 13, 2020 1 in the original principal amount of [$ ,and any and all modifications, extensions and renewals thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant to one or mare promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future indebtedness and obligations of Borrower (ar any of them if snore than one) to Lender whether direct, uidirect, absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure the Note or otherwise executed in connection therewith., including without limitation guarantees, security agreements and assignments ofleases.and rents, shall be referred to herein as the "Loan Instruments". Trustor covenants and agrees with Lender as follows: 1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due. 2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender before execution of this Decd of Trust, and the execution and delivery of this Deed of Trust does not violate any contractor other obligation to which Trustor is subject. 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Froperty now or hereafter levied. 4. Insurance. To keep the Property insured against damage by fire, hazards included within the term "extended coverage" and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect amd compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Trustor to be used fur the repair or restoration of the Property or (iii) for any other purpose ar object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such payment evertook place. Any applications of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. 5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender may designate, sufficient sums to enable Lender to pay as they become due one or inorc of the following: (i) all taxes, assessments and other charges against the Property, (vi) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by Lender.