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<br />NEBRASKA DEED OF TRUST - LINE OF CREDIT
<br />(With Power of Sale)
<br />THIS DEED OF TRUST, made this 12 day of April 2001 between
<br />Eugene L Perry And Janeen M Perry Husband And Wife, As Joint Tenants
<br />whose mailing address is 1508 West John, Grand Island NE 68801 as Trustors, \SN
<br />First American Title Insurance Company whose mailing address is 13924 Gold Circle, Omaha, G
<br />NE 68144 , as Trustee, and Wells Fargo Financial Bank, whose mailing address is 3201 North 4th Ave, Sioux Falls, SD 57104, , as Beneficiary,
<br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described property
<br />in Hall County, Nebraska:
<br />Lot 9, Block 36, Charles Wasmer's Addition to the City of Grand Island, Hall County, Nebraska.
<br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits thereof.
<br />This conveyance is intended for the purpose of securing the payment to Beneficiary of initial and future advances to Trustor's under a Credit Card Account
<br />Agreement ( "Agreement ") in an amount of principal not to exceed $200,000.00 outstanding at any one time, plus interest on the principal outstanding from time to
<br />time at the rates from time to time provided for thereunder. Payment may be made in advance in any amount at any time. Default in making any payment shall, at
<br />the Beneficiary's option and without notice or demand, render the entire unpaid balance of said loan at once due and payable, less any required rebate of
<br />charges.
<br />To protect the security of this Deed of Trust, Trustor covenants and agrees:
<br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to
<br />be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws,
<br />ordinances, regulations, covenants, conditions and restrictions affecting the property.
<br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or
<br />encumbrances impairing the security of this Deed of Trust.
<br />3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not
<br />less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve
<br />and have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount collected under any insurance policy may be
<br />applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause
<br />discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any default or notice of default or invalidate any act done pursuant to such
<br />notice. In the event of foreclosure, all rights of the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale.
<br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any such sale,
<br />conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof.
<br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee.
<br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove
<br />described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become
<br />a part of the debt secured in this Deed of Trust as permitted by law.
<br />IT IS MUTUALLY AGREED THAT:
<br />1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof
<br />as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation.
<br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other
<br />sums so secured or to declare default for failure to so pay.
<br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Trustor and
<br />the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto.
<br />NE- 979NOWLINE -0700 (also used in IA) PAGE 1 OF 2
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