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i, <br />" 1i <br />DEED OF TRUST <br />THIS DEED OF TRUST, made this 24th day of July 2000 <br />byandamong Melissa J. Sutton and Steven S. Sutton, wife and husband <br />(herein "Trustor "); and Jerry J. Milner, a member of Nebraska Bar Association <br />whose mailing address is 1503 W. 2nd Street., PO Box 1068 <br />Gran s an E 68802 <br />(herein "Trustee "); and Associates Financial Services Company Inc. <br />whose mailing address is 2014 N Lawrence Lane Grand Island NE 68803 <br />(herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the <br />following described real property, located in Hall County, Nebraska: <br />All that certa.in.property situated in Grand Island in the County of Hall, <br />and State of Nebraska and being described in a Deed dated 09/21/98 and <br />recorded 09/25/98, among the land records of the county and state set <br />forth above, and referenced as follows: <br />Book 98 Page 109345 <br />Lot EightyTTwo(82) , Buenavista Subdivision to City of Grand Island, <br />Hall County, Nebraska. <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or subleases <br />covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Trustor <br />thereunder; all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the real <br />property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas rights and <br />profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying <br />within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, and <br />appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement" or "Improvements "); and <br />any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part <br />of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the <br />"Property ". <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Trustor's note of even date herewith in the principal sum of Twenty - <br />Thniiaanrl ThraP HtindrPd Fifty Nine and 66/199-- - - - - -DQ ($ 29 5-- - , <br />together with interest at the rate or rates provided therein, or the principal and interest on any future advances evidenced by <br />promissory notes stating they are secured hereby, (herein "Note" or "Notes ") and any and all renewals, modifications and extensions <br />of such Note, both principal and interest on the Note being payable in accordance with the terms set forth therein, reference to which <br />is hereby made. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of this <br />Deed of Trust. <br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Deed of Trust. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property <br />hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances <br />except liens now of record; and Trustor will warrant and defend the title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and condition and shall not <br />commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished without <br />the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions and <br />restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any law, <br />ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike manner <br />any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed and <br />materials furnished therefore and for any alterations thereof. <br />�LIORIGINAL (1) f <br />Fn7R71 RPV 11 A4 Alnbn.Le nneenwCn <br />Z <br />M <br />D <br />C <br />rn <br />N <br />= <br />o --+ <br />rn <br />N <br />CZ1 <br />C <br />- <br />C <br />rn <br />_ <br />\ <br />c_ <br />r._ <br />C <br />Q. <br />ca <br />c r. <br />O -r7 <br />C� <br />N <br />CNlI <br />, <br />CD <br />r` <br />17"; <br />a <br />ryl <br />, <br />?J <br />D' W <br />C <br />r7, <br />� <br />r <br />c� <br />r >r <br />rn <br />U) <br />a <br />, <br />C <br />C <br />x <br />C <br />cv <br />C` <br />o <br />`. <br />C <br />Q <br />cn <br />DEED OF TRUST <br />THIS DEED OF TRUST, made this 24th day of July 2000 <br />byandamong Melissa J. Sutton and Steven S. Sutton, wife and husband <br />(herein "Trustor "); and Jerry J. Milner, a member of Nebraska Bar Association <br />whose mailing address is 1503 W. 2nd Street., PO Box 1068 <br />Gran s an E 68802 <br />(herein "Trustee "); and Associates Financial Services Company Inc. <br />whose mailing address is 2014 N Lawrence Lane Grand Island NE 68803 <br />(herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH <br />POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the <br />following described real property, located in Hall County, Nebraska: <br />All that certa.in.property situated in Grand Island in the County of Hall, <br />and State of Nebraska and being described in a Deed dated 09/21/98 and <br />recorded 09/25/98, among the land records of the county and state set <br />forth above, and referenced as follows: <br />Book 98 Page 109345 <br />Lot EightyTTwo(82) , Buenavista Subdivision to City of Grand Island, <br />Hall County, Nebraska. <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or subleases <br />covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Trustor <br />thereunder; all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire in the real <br />property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas rights and <br />profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying <br />within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, and <br />appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement" or "Improvements "); and <br />any and all awards made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof, of the whole or any part <br />of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the <br />"Property ". <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Trustor's note of even date herewith in the principal sum of Twenty - <br />Thniiaanrl ThraP HtindrPd Fifty Nine and 66/199-- - - - - -DQ ($ 29 5-- - , <br />together with interest at the rate or rates provided therein, or the principal and interest on any future advances evidenced by <br />promissory notes stating they are secured hereby, (herein "Note" or "Notes ") and any and all renewals, modifications and extensions <br />of such Note, both principal and interest on the Note being payable in accordance with the terms set forth therein, reference to which <br />is hereby made. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of this <br />Deed of Trust. <br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Deed of Trust. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property <br />hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances <br />except liens now of record; and Trustor will warrant and defend the title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and condition and shall not <br />commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished without <br />the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions and <br />restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any law, <br />ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike manner <br />any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed and <br />materials furnished therefore and for any alterations thereof. <br />�LIORIGINAL (1) f <br />Fn7R71 RPV 11 A4 Alnbn.Le nneenwCn <br />