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<br />��� DEED OF TRUST
<br /> � � `�
<br />� THIS DEED OF TRUST, made this 18th day of January 2000 � —
<br /> `'� byandamong Faustino Gutierrez an Rosario utierrez, us an an wi e �'
<br /> �, (herein "Trustor"); and Jerry J. Milner, a member of NEbraska Bar Association �
<br /> �,�i , whose mailing address is 15�3 W. n treet. , Ox
<br /> .�
<br /> ,� Grand Island NE 68802
<br /> (herein"Trustee"); and Associates Financial Services Company Inc.
<br /> whose mailing address is 2014 N Lawrence Lane, Grand Island NE 68803
<br /> �
<br /> (herein"Beneficiary").
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br /> POWER OF SALE,for the benefit and security of Benefici�r�,under and subject to the terms and conditions of this Deed of Trust,the
<br /> following described real property,located in tla 1 County,Nebraska:
<br /> All that certain property situated in Grand Island in the county of Hall and
<br /> State of Nebraska and being described in a Deed dated 05/19/99 and recorded
<br /> 05/24/99, among the land records of the county and state set forth above,
<br /> and referenced as follows:
<br /> Book 99-105304
<br /> Lot Fourteen (14), in Villa Mar Dee Subdivision of the City of Grand Island,
<br /> Hall County, Nebraska.
<br /> TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or subleases
<br /> covering the real property or any portion thereof, now or hereafter existing or entered into, and all right,title and interest of Trustor
<br /> thereunder; all interests, estate or other claims, both in law and in equity,which Trustor now has or may hereafter acquire in the real
<br /> property; all easements, rights-of-way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas rights and
<br /> profits, water rights and water stock; all right,title and interest of Trustor, now owned or hereafter acquired, in and to any land lying
<br /> within the right-0f-way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, and
<br /> appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as"ImprovemenY'or"Improvements");and
<br /> any and all awards made for the taking by eminent domain,or by any proceeding or purchase in lieu thereof,of the whole or any part
<br /> of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the
<br /> "Property".
<br /> FOR THE PURPOSE OF SECURING:
<br /> (a) The payment of indebtedness evidenced by Trustor's note of even date herewith in the principal sum of Twelve
<br /> 'rHn�anrl 4Tx Niinr�rarl Fnrt� Fi ve ancl 4�/1��--------------0ollars($ 1 2Fi45. ���
<br /> together with interest at the rate or rates provided therein, or the principal and interest on any future advances evidenced by
<br /> promissory notes stating they are secured hereby, (herein"Note"or"Notes")and any and all renewals,modifications and extensions
<br /> of such Note, both principal and interest on the Note being payable in accordance with the terms set forth therein,reference to which
<br /> is hereby made.
<br /> (b)The performance of each agreement and covenant of Trustor herein contained;and
<br /> (c)The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of this
<br /> Deed of Trust.
<br /> A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST,TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS:
<br /> 1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the
<br /> indebtedness evidenced by the Note,and all other charges and fees as provided in the Note,and the principal of and interest on any
<br /> Future Advances secured by this Deed of Trust.
<br /> 2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property
<br /> hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances
<br /> except liens now of record;and Trustor will warrant and defend the title to the Property against all claims and demands.
<br /> 3. MAINTENANCE AND COMPLIANCE WITH LAWS.Trustor shall keep the Property in good repair and condition and shall not
<br /> commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of
<br /> Trust is on a leasehold.No improvement now or hereafter erected upon the Property shall be altered,removed or demolished without
<br /> the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions and
<br /> restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any law,
<br /> ordinance, regulation,covenant,condition or restriction.Trustor shall complete or restore promptly and in good workmanlike manner
<br /> any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed and
<br /> materials furnished therefore and for any alterations thereof.
<br /> ORIGINAL(1)
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