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rn <br />c <br />Z <br />rn > <br />R = <br />DEED OF TRUST <br />C_) <br />CO <br />rri <br />rr� <br />'1 <br />Prepared by: <br />Gordon B. Fillman, #11289 <br />Attorney at Law <br />P.O. Box 522 <br />York, NE 68467 <br />THIS DEED OF TRUST, is made as of /7 day of October, 2016, by and among <br />GUILLERMO J. MORALES and ERISENIA CORTEZ, husband and wife, ( "Trustor ") whose mailing <br />address is 101 W. Pine Street, Apt. #1, Alda, Nebraska 68810; GORDON B. FILLMAN, ( "Trustee "), <br />whose mailing address is P.O. Box 522, York, Nebraska 68467 and RICHARD CARLSON and JAMES <br />A. CARLSON ( "Beneficiary ") whose mailing address is 4568 Old Mill Road, Utica, Nebraska 68456. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to <br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and <br />subject to the terms and conditions of this Deed of Trust, the real property located in the City of Alda, <br />County of Hall, State of Nebraska, and legally described as follows (the "Property "): <br />Lot One (1) in Block Twenty (20) in the Village of Alda, Hall County, Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining <br />roads, streets and alleys, improvements and buildings of any kind situated thereon and all personal <br />property that may be or hereafter become an integral part of such buildings and improvements, all crops <br />raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively <br />as the "Trust Estate". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of $16,000.00, with interest thereon, <br />as evidenced by that certain promissory note of even date (the "Note ") with a maturity date of March 1, <br />2018 executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which <br />by this reference is hereby made a part hereof, and any and all modifications, extensions and renewals <br />thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon <br />at the rate of four and one -half percent (4.5%) per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the <br />payment and performance of any obligation secured hereby are referred to collectively as the "Loan <br />Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the <br />Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every <br />kind, now or hereafter leVled again the trust estate of any par; thereof as follows: <br />(initial one) <br />Trustor shall directly pay such taxes, without notice or demand as each installment comes <br />due and shat: provide the beneficiary with evidence of the payment of the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance <br />insuring the improvements and - buildings constituting part of the Trust Estate for an amount no less than <br />the amount of the unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). Such <br />insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be <br />cancelable, terminable or tnodifiable without ten (10) days prior written notice to Beneficiary. Trustor <br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, exci)t for ordinary <br />wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to <br />the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action <br />or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee. <br />and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in any such <br />