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�j <br />�1 <br />`00102241 <br />NEBRASKA DEED OF TRUST RF•R11ECOR&D <br />{ it r Power of Sale) Q_l eJ 0 8 <br />0 <br />N <br />O <br />O <br />1--+ <br />O <br />N <br />tV <br />T <br />G2. <br />G <br />r 4- <br />O <br />(THIS DEED OF TRUST, made this 5TH day of MARCH �- <br />between CRAIG E ENSLEY A SINGLE PERSON 2001 <br />whose mailing address is 2512 WEST CHARLES GRAND ISLAND NE 68803 as <br />Trustors, STEWART TITLE GUARANTY CO <br />whose mailing address is 1220 WASHINGTON STE _100 KANSAS CITY MO 64105 as <br />Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 N. WEBB RD <br />GRAND ISLAND. NE 68803 as Beneficiary, <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in HALL County, Nebraska: <br />LOT SIXTEEN (16), BLOCK TEN (10), ASHTON PLACE, CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' indebtedness evidenced by a Revolving <br />Loan Agreement dated MARCH 5 2001 , pursuant to which an advance has been made in the sum of $ 15, 000.00 , <br />together with charges according to the terms of said Revolving Loan Agreement, and also any and all indebtedness, sums, future advances, and <br />charges now, or as may hereafter be or become owing by Trustor to Beneficiary, under said Revolving Loan Agreement or any future Revolving <br />Loan Agreement between Trustor and Beneficiary up to a maximum unpaid balance of $25,000, and also payment of any sums expended or <br />advanced by Beneficiary to protect the security hereof. Default in making any payment shall, at the Beneficiary's option and without notice or <br />demand, render the entire unpaid balance secured hereunder at once due and payable. <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 <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, 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 <br />or 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 <br />in an amount not 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 <br />the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount <br />collected under any insurance po , t� W,j4 tQ b Y Y <br />+a u�eb ness hereby secured in such order as the Beneficiary shall determine. <br />Such application by the Benefici4ry sh*C5j(jFontinuance of y proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of default or invj,liftj%y,& i anj!s's * otice. In the event of foreclosure, all rights of the Trustor in insurance <br />policies then in force shall pass to}llwpurohaw- attl 44oi4©suresale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, 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 <br />property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become 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 <br />portion thereof 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 <br />due of all other 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 <br />of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />NE- 2143 -0700 <br />n r. <br />c <br />w <br />Cp <br />n <br />{� <br />Z <br />n <br />�i <br />--4 <br />N <br />� <br />c a <br />f�? <br />2 <br />W <br />—zj rn <br />� <br />N <br />C) O <br />O <br />p '*1 <br />C) <br />� <br />~ <br />-n Z <br />M <br />a <br />4 <br />0 <br />3 <br />p <br />En <br />[n <br />7C <br />`00102241 <br />NEBRASKA DEED OF TRUST RF•R11ECOR&D <br />{ it r Power of Sale) Q_l eJ 0 8 <br />0 <br />N <br />O <br />O <br />1--+ <br />O <br />N <br />tV <br />T <br />G2. <br />G <br />r 4- <br />O <br />(THIS DEED OF TRUST, made this 5TH day of MARCH �- <br />between CRAIG E ENSLEY A SINGLE PERSON 2001 <br />whose mailing address is 2512 WEST CHARLES GRAND ISLAND NE 68803 as <br />Trustors, STEWART TITLE GUARANTY CO <br />whose mailing address is 1220 WASHINGTON STE _100 KANSAS CITY MO 64105 as <br />Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 N. WEBB RD <br />GRAND ISLAND. NE 68803 as Beneficiary, <br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described <br />property in HALL County, Nebraska: <br />LOT SIXTEEN (16), BLOCK TEN (10), ASHTON PLACE, CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits <br />thereof. <br />This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' indebtedness evidenced by a Revolving <br />Loan Agreement dated MARCH 5 2001 , pursuant to which an advance has been made in the sum of $ 15, 000.00 , <br />together with charges according to the terms of said Revolving Loan Agreement, and also any and all indebtedness, sums, future advances, and <br />charges now, or as may hereafter be or become owing by Trustor to Beneficiary, under said Revolving Loan Agreement or any future Revolving <br />Loan Agreement between Trustor and Beneficiary up to a maximum unpaid balance of $25,000, and also payment of any sums expended or <br />advanced by Beneficiary to protect the security hereof. Default in making any payment shall, at the Beneficiary's option and without notice or <br />demand, render the entire unpaid balance secured hereunder at once due and payable. <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 <br />built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to <br />comply with all laws, 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 <br />or 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 <br />in an amount not 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 <br />the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount <br />collected under any insurance po , t� W,j4 tQ b Y Y <br />+a u�eb ness hereby secured in such order as the Beneficiary shall determine. <br />Such application by the Benefici4ry sh*C5j(jFontinuance of y proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of default or invj,liftj%y,& i anj!s's * otice. In the event of foreclosure, all rights of the Trustor in insurance <br />policies then in force shall pass to}llwpurohaw- attl 44oi4©suresale. <br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any <br />such sale, 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 <br />property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured <br />hereby, shall be added to and become 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 <br />portion thereof 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 <br />due of all other 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 <br />of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or <br />the person entitled thereto. <br />NE- 2143 -0700 <br />