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<br /> DEED QF TRUST WITH FUTURE ADVANCES
<br /> THIS DEED OF TRUST, is made ea of the �st day of AP��� , 19 98 , by and among�
<br /> the Trustor, DOUGLAS M 8 VICTORIA WESTERBY "HUSBAND AND WIFE" �
<br /> DDl1GLAS_M YESTERBY_ VICT�RIA LIEcTFReY "`
<br /> whoae mailiny addrese is 3620 CATFISH AVE GRAND ISLAND NE 68801- (herein "Trustor," whether one or morel,
<br /> tho Truatee, THE OVERLAND NATIONAI BANK OF GRAND 1SLAND
<br /> whose mailinp address is P O BOX 1688 GRAND Im eun uF 6880P (herein "T�ustee"1,and
<br /> the Beneficiary, TNF nvFa�sun uert�uei aeur nF roaun rc�eun ,
<br /> whose mailiny addresa ia _ P 0 e0X 1688 cRAND tci aun uF bggp� (herein "Lender").
<br /> FOR VALUABLE CONSIDERATION, includinq Lender's extension of credit identified herein to
<br /> DOUGIAS M & VICTORIA WESTERBY D/B/A
<br /> M_I041EST AUTO INVESTMENTS, DOUGLAS M NESTERBY VICTORIA LIESTERBY
<br /> (herein "Borrower", whether one or more) and the trust herein created, the
<br /> recaipt of which is hereby acknowledged,Trustor hereby irrevocably grants,transfers, conveys and essigns to Trustee, IN TRUST, WITH
<br /> POWER OF SALE, for the benefit and aecurity of Lender, under and subject to the terms and conditions hereinafter set forth, the real
<br /> property, described as followa:
<br /> LOT FOURTEEN (14), RAINBOLI LAKE SECOND SUBDIVISION, 1N HALL CWNTT, NEBRASKA
<br /> PROPERT1f ADDRESS:
<br /> Together with all buildings, improvements, fixtures, streets, alleys, passageways, e�sements, rights, privileges end appurtenances
<br /> located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal
<br /> property that is attached to the improvementa so as to constitute a fixture, including, but�ot limited to, heating and coolinp equipment;
<br /> and togethar with the homestead or marital i�terests, if any, which interests are hereby released and waived; all of which, including
<br /> replacements and edditions thereto, is hereby declared to be a part of the real eatate aecured by the lien of this Deed of Trust end all of
<br /> the foregoiny being referred to herein as the "Property".
<br /> This Daed of Trust shall aecura(a)the payment of the principal aum and interest evidenced by a promissory note or credit
<br /> agreement dated Aoril Ot. 1998 ,havinp a maturity date of October 01, 1998
<br /> in the original principal amount of S_ 100=000.00 , 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 to
<br /> one or more promissory notes or credit agreements (herein called "Note"); (b) the payment of other sums advanced by Lender to protect
<br /> the security of the Note; (c) the performance of all covenanta and agreementa of Trustor set forth herein; and (d) all present and future
<br /> indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent
<br /> and whether arising by note, guaranty, overdraft or otherwise. The Note,this Deed of Trust and any and all other documents that secure
<br /> the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreementa end assignments
<br /> of leases and rents,shall be referred to herein as the "Loan Instruments"�.
<br /> Tn�ator covenants and agreea with Lender as follows:
<br /> 1. Payment of Indebtednsss. 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 created
<br /> hereby ia a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender
<br /> befora execution of this Deed of Trust, and ths execution and delivery of this Deed of trust does not violate any contract or other
<br /> oblipation to which Trustor is subject.
<br /> 3.Taxee,Assesaments.To pay before delin�uency alt taxes, special assessments and all other charges against the Property now or
<br /> hereafter levied. -
<br /> 4. (nsurance. To keep the Property insured egainst 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 named
<br /> inaured, with loss payable to the Lender. In case of losa under such policiea, the Lender is authorized to edjust, collect and compromise,
<br /> all cleime thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby
<br /> and in such ordar as Lender may determine, (ii) to the Trustor to be used for the repair or restoration of the Property or(iii) for any other
<br /> purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such
<br /> payment ever took plece.My application of proceeds to indebtedness shall not extend or postpone the due data of any payments under
<br /> the Note,or cura 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, aufficient sums
<br /> to enable Lender to pey as they become due one or more of the following: (i) aU taxes, assessments and other chargas against the
<br /> P�operty, (ii) the premiuma on the property insurance required hereunder, and (iii) the premiums on eny mortgage a�surence raquired by
<br /> lender.
<br /> 6. Maintenance, Repairs and Compliancs with Laws. Trustor shall keep the Property in good condition and repair; shall promptly
<br /> repai�, ot replace any improvement which may be dameged or destroyed; shall not commit or permit any waste or deterioration of the
<br /> Property; shall not remove, demolish or substantially elter any of the improvements on the Property; shall not commit, suffer or permit
<br /> any act to be done in or upo� the Prope►ty in violation of any law, ordinance, or regulation; and shall pay and promptly discharoa at
<br /> Truvtnr':nno� a...�e....e..es..0 c--- ------�--- . . . . - -
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