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NEBRASKA DEED OF TRUST <br />(With Power of Sale) <br />Zo <br />THIS DEED OF TRUST, made this 6TH day of JULY 2000 <br />between BRIAN G. WITTER AND DEBORAH L. WITTER, HUSBAND AND WIFE, AS JOINT TENANTS <br />whose mailing address is 303 W. 7TH STREET, GRAND ISLAND, NE. 68801 <br />as Trustors, STEWART TITLE GUARANTY COMPANY <br />whose ma" address is 1220 WASHINGTON SUITE 100, KANSAS CITY, MO. 64105 <br />as Trustel°ee Winancial Nebraska, Inc., whose mailing address is 2319 N. WEBB ROAD <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 1, IN BLOCK 9, IN THE ORIGINAL TOWN, NOW 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' promissory note of even date in the amount <br />of $ 133, 920.00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in <br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the <br />entire unpaid balance of said loan at once due and payable, less any required rebate of 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 <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 policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. <br />Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance <br />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 <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 />ra <br />= <br />D <br />-.� <br />n't <br />m <br />N <br />O <br />f <br />j <br />c_ <br />ti <br />c a <br />CD <br />" <br />M <br />n <br />' <br />M <br />N <br />` <br />rn <br />rte—' <br />---1 <br />O~ <br />O '*7 <br />O <br />y_ <br />.. <br />Z <br />° <br />LA <br />CZ) <br />�� <br />r— <br />M <br />r <br />►--► <br />CCD <br />l� <br />C <br />N <br />ca <br />c <br />�• <br />w <br />CP <br />rn <br />CA <br />NEBRASKA DEED OF TRUST <br />(With Power of Sale) <br />Zo <br />THIS DEED OF TRUST, made this 6TH day of JULY 2000 <br />between BRIAN G. WITTER AND DEBORAH L. WITTER, HUSBAND AND WIFE, AS JOINT TENANTS <br />whose mailing address is 303 W. 7TH STREET, GRAND ISLAND, NE. 68801 <br />as Trustors, STEWART TITLE GUARANTY COMPANY <br />whose ma" address is 1220 WASHINGTON SUITE 100, KANSAS CITY, MO. 64105 <br />as Trustel°ee Winancial Nebraska, Inc., whose mailing address is 2319 N. WEBB ROAD <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 1, IN BLOCK 9, IN THE ORIGINAL TOWN, NOW 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' promissory note of even date in the amount <br />of $ 133, 920.00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in <br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the <br />entire unpaid balance of said loan at once due and payable, less any required rebate of 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 <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 policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. <br />Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any <br />default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance <br />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 <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 />