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Ste 120 <br /> Mai�fNOADDRE55 CITY STATE ZIPCODE <br /> 615 West Charles, Gran� Island, ��E 68801 �an;3__Jsland_ .Nebraska <br /> THtS DEED OF TRUST,Made this 24th day of April , 19g8 , hceween FCevin D. & Janet K. Burritt <br /> 615 W Charles,Grand Island, NG �d 1z5 wz e <br /> hereinafter called TRUS�OR,.�hose address is� ____._ <br /> Mi.ChaeT F. P'�stui•lld :"` +'' ' '�°°h reinafter called TRUSTEE, whose address is _�2127_PaCif�_C St. , Omaha� NL <br /> and AVCO FINANCI� S VI TFi�R,i�iA IONAL,WC.,a Nebraska corporation,hereinafter called BENEFICIARY,whose address is <br /> Z233 N �Web'� h�� ,�'t"�`�:.� d Island, NE <br /> WTTNESSETH:that Trustor GRANTS,CONVEYS,SELLS AND WARRANTS TO TRUSTEE,IN 7RUST,WTfH POWER OF SALE,the following <br /> described property, situated in Hall County, Nebraska: <br /> SEE EXHIBIT "A" ATTACHED <br /> together with all buildings and improvements now or hereafter erected thereon and all screens,awnings,shades, storm sash and blinds,and heating, <br /> lighting,plumbing,gas,elecuic,ventilating,refrigerating and air-conditioning equipment used in connection therewith,all of which,for the purpose of <br /> this Deed of Trust,shall be deemed fixtures and subject to the lien hereof,and the hereditaments at�d appurtenances pertaining to the property above <br /> described, and all streets,lanes,alleys,passages,ways,waters,water courses,rights,liberties anci p�ivileges,whatsoever thereunto belonging or in <br /> anywise appertaining and the reversions and remainders,all of which is refened to hereinafter as the"premises". <br /> TO HAVE AND TO HOLD the above-described premises,with the appurtenances and fixtures,untn the caid Beneficiary,its successors and assigns, <br /> forever,for the purposes and uses herein set forth,free from all rights and benefits under and by virtuc��f any Homestead Exemption Laws of the State <br /> of Nebraska which may be enacted,which said rights and benefits the said Trustor does hereby ex��recc(y release and waives. <br /> FOR THE PURPOSE OF SECURING:(1)Performance of each agreement of Trustor contained hercin:(2)Payment of the principal sum with interest, <br /> as provided in accordance with the terms and provisions of a Promissory Note/Loan Agreement(hcreinafter referred to as"promissory note")dated <br /> ��ril 24, 1998 ,herewith executed by Trustor and payable t�the order of Reneficiary,in the Principal sum of <br /> g 32300.li ,and having the date of its final payment due on 4 24/13 .or as extended, <br /> deferred or rescheduled by renewal or refinance;(3)Payment of any addidonal advances,with interest�hereon as may hereafterbe loaned by Beneficiary <br /> to Trustor in a maximum sum of$ 69�04.40 within I S years from the date of this Deed of Trust; <br /> however, this paragraph does not constitute a commitment by Beneficiary to make future advances; {4) The payment of any money that may be <br /> advanced by the Beneficiary to Trustor for any reason or to third parties,with interest thereon,where the amounts are advanced to protect the security <br /> in accordance with the covenants of this Deed of Trust;(5)Any renewal,refinancing or extension of�airt promissory note,or any other agreement to pay <br /> which may be substituted therefor. <br /> As additional security,Trustor hereby gives to and confers upon Beneficiary the right,power,and authority,during the contiuuance of these Trusts,to <br /> collect the rents,issues,and profits of said property,resetving unto Trustor the right,prior to any dc[ault hy Trusror in payment of any indebtedness <br /> secured hereby or in performance of any agreement hereunder,to collect and retain such rents,issues,and prvfits as they become due and payable.Upon <br /> any such default,Beneficiary may at any time,either in person,by agent,or by a receiver to be appointed by a court,and without regazd to the adeqnacy <br /> of any security for the indebtedness hereby secured,enter upon and take possession of said prope�t}�c7r an�•pazt thereof,in his own name sue for or <br /> otherwise collect such rents,issues,and profits, including those past due and unpaid,and apply el�c samc, less costs and expenses of operation and <br /> collection,including reasonable attomeys'fees,costs,and expenses,if permitted by law,upon an}�i�d�btedness secured hereby,and in such order as <br /> Beneficiary may determine.The entering upon and taking possession of said property,the collection r�f such rents,issues,and profits and the applica- <br /> ��,: tion thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate am�act done pursuant to such notice. <br /> � , All payments made by Trustor on the obligation secured by this Deed of Tn�st shall be applied in thc following order. <br /> ;~ FIRST:To the payment of taxes and assessments that may be levied and assessed against said premises,insurance premiums,repairs,and all other <br /> w chazges and expenses agreed to be paid by the Trustor. <br /> SECOND:To the payment of interest due on said loan. <br /> ., THIRD:To the payment af principal. <br /> To PROTECT THE SECURITY HEREOF,TRUSTOR(S)COVENANTS AND AGREES:(1)To keep said premises insured against loss by fire and other <br /> hazards,casualty and contingencies up to the full value of all improvements for the protection of Bene(iciary in such manner,in such amounts,and in <br /> such companies as Bene£ciary may from time to time approve,and that loss proceeds(less expense of collection)shall, at Beneficiary's option,be <br /> applied on said indebtedness,whether due or not or to the restoration of said improvements.In event nf loss Trustor will give immediate notice by mail <br /> to the Beneficiary,who may make proof of loss if not made prompdy by Tr�stor,and each insurance company concerned is hereby authorized and <br /> directed to make payment for such loss directly to the Beneficiary instead of to the Trustor.(2)To pay all taxes and special assessments of any kind that <br /> have been or may be levied or assessed upon said premises,and to deliver tc�Beneficiary,upon reqn�sr n!the Beneficiary,the official receipt showing <br /> payment of all such taxes and assessments.(3)In�he event of default by Trustor under Pazagraphs 1 ;�r'above,Beneficiary,at its opdon,may(a)place <br /> and keep such insurance above provided for in force throughout the life of this Deed of Trust and pa� �.!�^reasonable premiums and chazges therefor;(b) <br /> pay all said taxes and assessments without determining the validity thereof;and(c)pay such liens.?r��t all such disbursements as shall be deemed a part <br /> of the indcbtedness secured by this Deed of Trust and shall be immediately due and payable by Trusror t��Beneficiary.(4)To pay when due any lien on <br /> the property which is senior to the lien of Beneficiary and,notwithstanding any right or option granr�,�l hy any senior lien or by any senior lienholder to <br />�" permit the principal balance of such senior lien to increase,Trustor will not permit the principal bai��+i��c>f any senior lien to increase above the balance <br />