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—� <br />�� <br />�� <br />B - <br />� �� <br />0 �� <br />� � <br />N = <br />N - <br />� <br />�� <br />��_ <br />�� <br />[1 r <br />�� <br />} <br />DEED OF TRUST <br />s� <br />� , <br />r � <br />r t , <br />c� �' <br />c� `, . <br />?J !` <br />rt� �;' _. <br />�, <br />,�,. ;�• -' <br />� �, <br />,�,, �'�, <br />�-�, r <br />i i , <br />r �. <br />� �,�'~ <br />cr, . <br />c� <br />v <br />C <br />c� � <br />O —{ <br />c n <br />: --1 <br />� rn <br />� O <br />� � <br />�, z <br />z rn <br />L w <br />r 7� <br />r v <br />�n <br />� <br />� � <br />in <br />� <br />r� <br />�7 <br />� <br />N <br />C�,) <br />CO <br />I <br />.�' <br />2012 bY <br />iling address ie <br />LE SERVICES <br />THIS DEED OF TRUST, is made as of lst day of November <br />and among SHANF M �MTTH and WANDA -L SMITH Husband and Wife ("Truetor"), whose 1 <br />ru <br />("'l�ustee"?, whose mailing address <br />and PLATE ENTERPRISES LLC ("Beneficisry") <br />whoae mailing addresa is_ 79(19 F._ Stnl l P� Park Road. Grand T, 1 and, NE. 68801 <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys aad assigna to 'h�ustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and condiUona of thia Deed oflYust, <br />the real property located in the City of Grand Island , County of <br />ua 11 , State of Nebraska, and legally described as followe (the °Properiy"): <br />Lot Twenty Four (24), Saddle Club Subdivision, Hall County, Nebraska <br />TOGETHER WITH. all rents, easements, appurtenances, hereditamenta, interesta in ad,joining roads, atreets and alleys, <br />improvements and buildings of any kiad aituated thereon and all personal pmperty that may be or hereat�er become an integral <br />part of such buildings and improvemeats, all crops raised thereon, and all water ri�hts. <br />The Property and the entire eatate and interest conveyed to the 'l�uatee are referred to eollectively as the "Truet Eatate". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtneas in the total principal amount of $ 122 , 500 . 00 ,�� ��� }�ereon, as evidenced by that <br />certain prnmissory note of even date (the"Note") with a maturity date of November 1. 2027 , <br />executed by Trustor, which has been delivered and ia payable to the order of Beaeficiary, and which by thia reference is hereby <br />niade a part hereo� and any and all modifications, extensions and renewals thereo� aad <br />b. Payment of all sums advanced by Benefieiary to pmtect the Trust Estate, with intereat thereon at the rate of <br />Four & one halfpercent ( 4� %? per annum, and <br />c. The gsrformance of �Yustor's covenants and a�reementa. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referted to callectively as the"Loan Inatrumente". <br />TO PROTECT TFiE 3ECURI'PY OF THIS DEED OF TRUST: <br />1. PAYMENT OF IIVDEBTEDNESS.1�vstor ahall pay when due the principal o� and the interest on, the indebtednesa <br />evidenced by the Note, charges, fees aad all other sums as provided ia the Laan Instruments. <br />2. TAXES AND ASSESSMENTS. Truator ahall pay all taxes and apacial aaseasments of every kind, now or hereafter levied <br />against the trust estate or any part ttiereof as followe: <br />(initial one? <br />X Trustor shall directly pay such L8gE9� without notice or demand as each installment comes due and shall <br />provide the beneficiary with evidence of the payment of the same. <br />_ Trustor ahall pay to beneficiary one-twelfth of the real estate taxes each month and euch other assessments <br />as they become due. The one-twelfth payment shall be adjusted annually ae the taxes change and trustor agreea that <br />aiter payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide tr�stor with receipts ehowing that the real estate taxes have been paid in full and when due. <br />3. 1NSURANCE MTD REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the ungrnvements <br />rand buildinga constituting part of the Trust Eatate for an amouat no less than the amount of the uapaid principal balaace of the <br />Note (co-inaurance aot exceeding 809'a permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />I3eneficiary and shall not be eancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. <br />1��ustor shall promptly repair, maintain and replace the 1'rust Estate or any part thereof so that, except for ordinary wear and <br />tdar, the'lYuet Estate ahall not deteriorate. In no event shall the Trustor commit weste on or to the T�ust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor ahall appear in and contest any action or proceeding purporting to <br />afl'ect the security hereof or the rights or powers of Beneficiary or Truetee, and shall pay all costs and expensea, includiag cost of <br />evidence of title and attorney's feea, in any auch action or praceeding in whicb Beneficiaty or 15rustee may appear. Should Trustor <br />fnil to make any payment or to do any act as and in the manaer provided in aay of the Loan Instruments, Beneficiary snd/or <br />Trustee, each in its own discretion, without obligation ao to do and without notice to or demand upon 1�ustor and without <br />releasing Trustor from any obligation� may make or do the same in auch manner and to such extent as either may deem <br />necessary to pmtect the security hereot Trustor ahall, immediately upon demand therefor by BeaeSciary, pay all costs and <br />eapensea incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing righte, includiag without <br />limitation caste of evidence of title, court casts, appraisals, surveys and attorney�s fees. Any such coats and expenses not paid <br />within ten t 10) days of written demand ehall draw interest at the default rate provided in the Note. <br />b. EMINENT DOMAIN. Should the'I�ust Eatate, or any part thereof or interest therein, be taken or damag�d by reason of <br />any public impmvement or condemnation proceeding, or in any other manner includin� deed in lieu of Condemaation <br />("Condemnation" ), or ahould Truawr receive any notice or other information regardin� auch praceeding, Truator shall give prompt <br />wcitten notice thereof to Benefieiary. Beaeficiary ahall be entitled to all compeneation, awards and other payments or relief <br />therefur, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. <br />Seneficiary shall also be entitled to make any compramise or aettlemeat in connectioa with such taking or damage. All euch <br />compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds") are hereby aeaigned to <br />13eneficiary and Truator agrees to eaecute such further aseignmente of the Proceeds as Beneficiary or Trustee may require. <br />6. FU'1'IJRE ADVANCES. Upon requeat of Trustor, Beneficiar}; at Beneficiary's option, prior to reconveyaace of the Property <br />to Truetor may makR future advaaces to'1`tustor. Such future advances, with intereet thereon, shall be secured by thie Deed of <br />Truat when evidenced by promissory notes stating that said notes are secured hereby. <br />Jacob North Printin� Co., Lincoln. NE 68524 <br />�I <br />. e °` <br />��� <br />� •• <br />� � <br />