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l� - m n D �"oo� �' cn <br /> � ��, N � �� <br /> � n n = �aa � �-�- � � <br /> � D = A :s� � �t �" �� <br /> n � �' ;�� �, "�` �r �` � <br /> � � � � ti �� �i } � <br /> Q \ `�i " '' � T' � F--�c°n' <br /> � � � s r�7 <br /> � w sa, ;� � � � <br /> +� o' ` ' �� N <br /> �1 r• � r �y N � <br /> !� � � ° �5 � <br /> � � � <br /> w ...�� � � <br /> � � � � � Z <br /> 0 <br /> DEED OF TRUST WITH FUTURE ADVANCES <br /> THIS DEED OF TRUST,is made as of the 20TH day of MARCH , �g 98 , by and among <br /> theTrustor, _ RONALD E. LUKESH ANf� IEAN A IIKFSH� HUSRAN� AND WIF , p <br /> whose mailing address is _1803 W. KOENIG GRAND I S LAND NE 68803 (herein"Trustor",whether one or more), e <br /> tneTrustee FIVE POINTS BANK A NEBRASKA CORPORATION � <br /> whose mailing address is P f1 Rf1X 1�f17 r,RnNn I SLA tiF 6F3802 (herein"Trustee"),and <br /> the Beneficiary, F I VE PO I NTS BANK <br /> whose mailing address is 201 5 N_ BROADWF I I AVF ,RAND iC ANfI NF 688(l� (herein"Lende�'). <br /> FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to <br /> RONALD L. LUKESH AND JEAN A. LUKESH <br /> (herein "Borrower,"whether one or more) and the trust herein created, the receipt <br /> of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br /> POWER OF SALE, 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: <br /> LOT ONE (1) , BLOCK NINETEEN, IN CHARLES WASMER'S ADDITION TO THE CITY OF <br /> GRAND ISLAND, HALL COUNTY, NEBRASKA <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 per- <br /> sonal property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equip- <br /> ment;and together with the homestead or marital interests, if any,which interests are hereby released and waived; all of which, includ- <br /> ing 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 <br /> all of the foregoing being 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 or credit agree- <br /> ment dated MAR(:H �0� 199R , having a maturity date of MAR(:H 94, �nn� , <br /> in the original principal amount of $ 25,020.50 , and any and all modifications, extensions and renewals <br /> thereof or thereto and any and all future advances and readvances to Borrower(or any of them if more than one) hereunder pursuant <br /> to one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lender to <br /> protect the security of the Note; (c)the performance of all covenants and agreements of Trustor set forth herein;and(d)all present and <br /> future indebtedness and obligations of Borrower(or any of them if more than one)to Lender whether direct, indirect, absolute or contin- <br /> gent and whether arising by note, guaranty, overdraft or otherwise. The Note,this Deed of Trust and any and all other documents that <br /> secure the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and <br /> 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 warrants that the lien creat- <br /> ed hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to <br /> Lender before execution of this Deed of Trust, and the execution and delYery of this Deed of Trust does not violate any contract or <br /> other obligation to which Trustor is subject. <br /> 3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property <br /> now or hereafter levied. <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 additional <br /> named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, col�ect and <br /> compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness <br /> secured hereby and in such order as Lender may determine, (ii)to the Trustor to be used for the repair or restoration of the Property or <br /> (iii) for any other purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured <br /> hereby before such payment ev�r took place.Any applications of proceeds to indebtedness shall not extend or postpone the due date <br /> 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 manner as Lender may designate, sufficient <br /> sums to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against <br /> the Property, (ii) the premiums on the property insurance required hereunder,and (iii) the premiums on any mortgage insurance <br /> required by Lender. <br /> 6. Maintenance, Repalrs 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 deteriora- <br /> tion of the Property; shall not remove,demolish or substantially alter any of the improvements on the Property; shall not commit, suffer <br /> or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and prompdy dis- <br /> charge at Trustor's cost and expense all liens, encumbrances and charges levied, imposed or accessed against the Property or any <br /> part thereof. <br /> 7. Eminent Domain. Lender is hereby assigned all compensation, awards, damages and other payments or relief (hereinafter <br /> NBC 3057(NmegncuRural Deed)Rev.5/g6 <br /> O 1988 Natima�gank d CmmerceTrust and Savings qssocietion.Lincdn.Nebraska :. y . } � . <br /> �i. t . ... � � <br />