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Return To: Denise D. Myers
<br />611 N. Diers Ave., 'Ste 1
<br />Grand Island, NE 68803
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<br />TRUST DEED
<br />THIS DEED OF TRUST is made on November 25, 2014. The Trustors are Shawn D. Messersmith
<br />and Carol B. Messersmith, husband and wife, (collectively "Borrower"). The Trustee is Denise D. Myers, of
<br />Myers Law Office, 611 N. Diers Ave., Ste. 1, Grand Island, Nebraska 68803, ( "Trustee "). The beneficiary is
<br />New Wave Concrete, L.L.C., a Nebraska Limited Liability Company, 192 Ridge Road, Grand Island, NE
<br />68801, ( "Lender "). Borrower owes Lender the principal sum of Fifteen Thousand and 00/100 Dollars
<br />($15,000.00). This debt is evidenced by Borrower's note dated May 17, 2013, ( "Note "), which provides for
<br />payment of principal, plus accrued interest in annual payments. The Deed of Trust (sometimes referred to
<br />herein as "security instrument ") secures to Lender: (a) the repayment of the debt evidenced by the Note, and
<br />all renewals, extensions and modifications; (b) the payment of all other sums advanced under paragraph 4
<br />to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
<br />agreements. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of
<br />sale, the following described property located in Hall County, Nebraska:
<br />Lot Fifteen (15), Westroads Estates Fourth Subdivision, Hall County, Nebraska.
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
<br />rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all
<br />fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this
<br />Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property".
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby conveyed and
<br />have the right to grant and convey the Property and that the Property is unencumbered, except for a first lien
<br />and deed of trust in favor of Equitable Bank. Borrowers warrant and will defend generally the title to the
<br />Property against all claims and demands, subject to any encumbrances of record.
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />1. Payment of Principal; Prepayment and Late Charges. Borrowers shall promptly pay when due the
<br />principal on the debt evidenced by the Note and any prepayment and late charges due under the Note.
<br />Prepayment of principal or any part thereof, shall be allowed without the prior written consent of Lender.
<br />2. Charges; Liens. Borrowers shall pay all real estate taxes and assessments attributable to the
<br />Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if
<br />any.
<br />Borrowers shall promptly discharge any lien which has priority over this Security Instrument
<br />(except the first lien in favor of Equitable Bank) unless Borrowers: (a) agree in writing to the payment of the
<br />obligation secured by the lien in a manner acceptable to Lenders; (b) contest in good faith the lien by, or
<br />defend against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent
<br />the enforcement of the lien or forfeiture of any part of the Property; or (c) secure from the holder of the lien
<br />an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines
<br />that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender
<br />may give Borrowers a notice identifying the lien. Borrowers shall satisfy the lien or take one or more of the
<br />actions set forth above within 10 days of the giving of notice.
<br />3. Hazard Insurance. If required by Lender, Borrowers shall keep any improvements now existing
<br />or hereafter erected on the Property insured against loss by fire, wind, or other natural disasters, hazards
<br />included within the term "extended coverage" and any other hazards for which Lender requires insurance.
<br />This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance
<br />carrier providing the insurance shall be chosen by Borrowers subject to Lender's approval which shall not be
<br />unreasonably withheld.
<br />All insurance policies and renewals shall be acceptable to Lenders and shall include a
<br />standard mortgage clause. If Lender requires, Borrowers shall promptly give to Lender all receipts of paid
<br />premiums. In the event of loss, Borrowers shall give prompt notice to the insurance carrier and Lender.
<br />Lender may make proof of loss if not made promptly by Borrowers.
<br />4. Protection of Lenders' Rights in the Property; Mortgage insurance. If Borrowers fail to perform the
<br />covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
<br />significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for
<br />condemnation or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to
<br />protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any
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