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~~ <br />~. <br />N ~ <br />~ ~ <br />~ ~~ <br />~ ~~ <br />~ ~~ <br />ri..~ <br />j <br />Y ~ <br />~ ~~ <br /> fo <br />~~~ ~ <br />~ ~~ <br />~ <br />~ v <br />m~c <br />. <br />~ <br />~^ ~ n <br />7~C = <br />~ <br /> <br />~ ~ <br /> ~_ <br />n = ' c <br /> ~ ~ <br />~ ~ ~ ~ <br /> rn ~ "'"~ m <br /> ~ <br /> ~ <br />~ ~ <br /> ca ~ -~ <br /> ~ ~ ~ <br /> ra ~ ~ ~ <br /> ~' '~ ~" ~ <br /> ~ <br /> r,~ C" A <br />~ ~' I 1 I ~ ~ A <br />~ N <br />O (1 <br />~ Z1 <br />.Q ~^ <br />DEED QF TRUST WITH FUTURE ADVANCES <br />~~ <br />THIS DEED OF TRUST, is made as of the f 23rd 1 day of [ F~~g~r, 1~O1 O, by and <br />among the Trustar, husband and wife <br />whose mailing address is <br />(herein "Trustor", whether one or more). The Trustee: NEBRASKA ENERGY FEDERAL CREDIT UNION <br />whose zusiling 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 />[ Richard F. Duvall and Nancv E. Duvall. husband and wife 1 <br />(hereixt "Borrower," whether one or more) and the trust herein created, the receipt of which is hereby acknowledged <br />Trustor hereby irrevocably greats, transfers, conveys sad assigns to Trustee, IN TRUST, WITH POWER OF SALE, <br />for the beaefxt and security of Leader, under and subject to the terms and conditions hereinafter set forth, the real <br />property described as follows: 3204 Kennedy Way, Grand Island NE 68803 <br />Lot Nine (9), Colonial Estates l~ifth Subdivision to the City of Grand Island, Hall County, <br />Nebraska <br />m <br />z <br />c~ ~ <br />rya D <br />A <br />F-.*° fn <br />G"1'> CAP] <br />d' <br />F.,4 C <br />f]~ Z <br />~o ~ ~Q <br />Together with all buildings, ixuprovemeztts, 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; sad together with the homestead or marital interests, if <br />any, which interests are hereby released and waived; all of which, iacludixtg 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 [ Februar.~ 23,, 2010 ], having a maturity date of February 23, 2020_ ___] <br />in the original principal amount of [$ j 00,00 ] ,and any and all modifications, extensions <br />and renewals thereof or thereto and any and all future advances and readvaaces to Borrower (or any of them if more <br />than one) hereunder pursuantto one or more promissory notes or credit agreements (herein called "Note"); (b) the <br />paytneat of other sums advanced by Lender to protect the security of the Note; (c) the performance of all covenants <br />and agreeJents 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 "Loam 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 Decd bf Tnist, and the execu#on and <br />delivery of this Dyed 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 as additional named insured, with loss payable to the Lender. Iu 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 ox 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) fox arty 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 ever`took 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 />S. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such a manner as Lender zany <br />designate, sufficient swats 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 />sad (iii) the premiums on any mortgage insurance required by Lender. <br />