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1 <br />89._.140565 <br />DEED OF TRUST <br />fTHIS TRUST DEBT,) made this & / -4—'0' day of January, 19891 <br />between MELVIN W. WILLI&MS and PAT D. WILLIAMS, husband and <br />wife, as TRUSTORS, whose address is Bison Meadows, P. 0. Box 128, <br />Doniphan, NE 68832; E. J. CUNNINGHAM, JR. as TRUSTEE, whose <br />address is 222 North Cedar Street, P. 0. Box 2280, Grand Island,. <br />NE 68802; and LAWRENCE E. JABLONSKI and FLORENCE M. JABLONSKI, <br />husband and wife, as joint tenants not tenants in common, whose <br />address is 321 Taylor Park Drive, Lincoln, NE 68510 as <br />BENEFICIARY. <br />WITNESSETH: <br />That TRUSTORS hereby grant, bargain, sell, convey and <br />warrant to TRUSTEE 'IN TRUST, his successors or assigns, with <br />power of sale, th4 following- described real property: <br />Lot One (1.)d Block one Hundred Fifteen (115), Railroad <br />Addition to the City of Grand Island, Hall County, <br />i�iei[ii nSi►a, ;. <br />7 <br />together with all buildings, fixtures, improvements, appoxrtenances <br />and furnishings thereon,. together with the personal property. <br />described in the Purchase Agreement dated January 12, 1989, and <br />Counter Offer to Purchase Agreement dated January 13, 1989,. <br />between the TRUSTORS axtd-BENEFICIARX. ! <br />The TRUSTORS hereby covenant and agree with the TRUSTEE and <br />BENEFICIARY that thaer are lawfully seized and the owners of the <br />above.- described pro erty. -._ that they have good right and lawful <br />authority to sell and convey said premises and that said premises — -- <br />are free and clear of all liens and encumbrances and further, that <br />TRUSTORS will warrant and defend the title to said premises <br />forever against the claims of all persons whomsoever. <br />For the purpose of securing performance of each agreement of <br />TRUSTORS herein contained and the payment'of FORTY -FOUR THOUSAND <br />SEVEN HUNDRED FIFTY DOLLARS .;(•$44,750), the TRUSTORS have <br />executed a Trust Deed Note bear.i0j. even date, at the rate of <br />interest and on the terms and conditions as set forth in such Note <br />until paid. The principal sum and interest shall be payable .iit <br />accordance with and upon the terms. and conditions of said Note of <br />even date, and in. any event the entire principal balance ,due <br />hereunder and any accrued interest shall be paid: on February 1, <br />1999. All installment payments hereunder shall be applied first <br />to the payment of interest computed monthly on the unpaid <br />principal balance, pursuant to amortization schedules, copies of <br />which have been provided to the parties hereto, -and remainder of <br />each installment to be applied. to principal. All payments .due <br />hereunder shall be. paid at ihe,'residence of the BENEFICIARY as <br />above- described, or at such oEft i place as such BENEFICIARY or the <br />holder of said security shall'' . i.gnate in writing. <br />It is agreed by and between the parties hereto that while <br />title is vested in:..the TRUSTEE and until filing of Notice of <br />Default, the TRUSTORS shall t' <br />A. Retain possession of the premises at all times, except as may <br />be otherwise agreed by the parties in writing. <br />B. Maintain the buildings and improvements and all personal <br />property sold under the - parties' Installment Sale Contract, in <br />good condition and repair. <br />C. Pay all general and special taxes and all special assessments <br />L of every kind levied or assessed against or due upon said <br />property before delinquency, and to deliver to BENEFICIARY <br />copies of receipts showing payment of such taxes each year. <br />D. Procure and maintain policies of all -risk insurance on said <br />improvements, in sums and underwritten by companies acceptable <br />to the BENEFICIARY, in an amount at least equal to the <br />property's full insurable value but never less than the amount <br />- 1 - <br />y <br />