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10.5 -- - -- -- - � -- - ,- �� � - -. _— Kuttman send Felton 8 WQIi. Wattua. Nt. &$161
<br />9Q-- 10514'7 -
<br />- DEED OF TRUST
<br />THIS DEED OF TRUST, is made as of the31 St> day afAugust Ig_90 ,. by and among
<br />FRAN K E. KtWtR, a single person ( "3`rustor "), whose mailing address is
<br />1529 Alien Ave. :-Grand Island, NE.•68805
<br />RUIXH.F F.' PLATE, ( "Trustee "), whose mailing address is "
<br />;£ 2514 South Locust Street, Grand Island, NE.'
<br />and VIRGIL .LEE ROUSH and DARLENE G. R�OUSH, HusbaA�eneficiary ")whose mailing address is
<br />antl,Mife, 1016 South Shady Bend Road, Grand Island, NE.'68801 -
<br />= _ -Ftiit. VAIXTWLE CONSIDERATION, Trustor irrevocably transfers, conveys and asa to
<br />`.'°"Qr" Trustee, I
<br />E TRUST, WITH POWER OF SALE, for the benefit and security of Beneficaary, finder and subject to the tenns
<br />saw p tioasofthis Deed ofTimAtherealpropertylocatedintheCityof Grand island ,Countyof
<br />Hal l _ State of Nebraska, and legally described as follows (the "Property'):
<br />Lot Six (6), Burch Subdivision,-in- the City of Grand Island, Hall County, Nebraska,
<br />t TWET1iER WITH, all rents, easiments, appurtenances, hereditaments, interests in adjoining roads,
<br />streets and alleys, improvements and buildings of any land situated thereon and all personal property that may
<br />be or hereafter became an integral part of such. buildings and improvements, all crops raised thereon, and all
<br />water rights. i
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the �
<br />`011trast Estate ". FOR THE PURPOSE OF SECURING: i
<br />a. Payment of indebtness in the total principal amount of S 30,000.00 , with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note l with a maturity date of
<br />SeRteriber 1. 1221 , executed by Trustor, which has been delivered and is payable to the order of
<br />Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, extern
<br />sions and renewals thereof, and ,
<br />b.pavment of all sums advanced b Beneficiary to protect the Trust Estate, with interest thereon at therate ,
<br />of Ten percent ( 1� ` "1) per annum.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or €urthersecure the payment and
<br />performance of any obligation secured hereby are referred to collectively as the "Doan 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 interest on. the
<br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments.
<br />2 TARES. Trustor shall pay exich installment of all taxe-s and special assessments ofevery kind, now or hereafter
<br />levied against the Trust Estate or any part thereof, before delinquency, without notice or demand, and shall provide
<br />Beneficiary with evidence of the payment of same. Trustor shall pay all taxes and assessments which may be levied
<br />upon Beneficiary'sinterest hereinor upon this Deed of Trust or the debt secured hereby, without regard to any law that
<br />may be enacted imposing payment of the whole or any part thereof upon the Beneficiary.
<br />3. INSURANCE AND REPAIRS. Trustorshall maintain fire and not extended coverage insurance insuring the
<br />improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the 6
<br />unpaid principal balance of the Note teo-insurance not exceeding 80 "• permitted ►. Such insurance policy shall contain
<br />a_ -113nd and mortgage clause in favor ofBeiteficiary and shall not hecanceliabie. terminable ormodifiable without ten i
<br />Il (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust Estate or �
<br />any part thereof so that, except for ordinary weir and tear, the Trust Estate shall not deteriorate. In no event shall the
<br />Trustor commit waste on or to the Trust Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE:. Trustor shall appear in and contest any action or proceeding
<br />purporting to affect the security hereof or the rights nr powers of Beneficiary or Trustee, and shall pay all costs and
<br />expenses, including cost of evidence of title and attorney's fees, in any such action or proceedingin which Beneficiary
<br />or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in
<br />any of the Uan.Instruments. Beneficiary and/or Trustee. each in its own discretion, without obligation so to do and
<br />without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the
<br />} same in such manner and to such extent as either may deem necessary to protect the securit, hereof. Trustor shall.
<br />immediately upon demand therefor by$enefidasy. pay all costs and expenses incurred by Beneficiary in connection
<br />with the exercise by beneficiary of the foregoing rights. including without limitation costs of evidence of title, court
<br />costs, appraisals. surveys and attorney's fees. Any such costs and exoenses not paid within ten M) days of written
<br />demand shalt draw interest at the default rate provided in the Note.
<br />5. EMINENT IIO:LIAIN. Should the Trust Estate, or any part ihereof or inteRSt therein, iu, taken or damaged by
<br />reason of any public improvement or cundemnativn proveeding, or in any other manner including deed in-Iieu of Condern.
<br />nation ('t;ondemaattoA ' t,orchoutd tYustorresic'e�tlynotic or other inf: )rtna* iun regarding suchproceeding .Trustorshall
<br />%i 'give prom;t written notice there fif to Beneficiary. Beneficiary shall be entitled to all compensation-swards and other pay-
<br />ments orrelief therefor, and shalt be entitled at its option.•to commence, appear in and prtsecuw in its own mane any action
<br />gr.!muvwdkttgs. Romfcrrarl:shall:thatheentitlic ai fir m; ticf- .inv"imnr:,mic.�„ roc• t! ivmcntir _cr,trttec:dinntarit�cuc- kingnr
<br />. r e�Fllii�C.• Alt tlal:tD iOiII�7esL�titiv3i. tirriuua, ticititd�e-�. [ igttia t,t <tiii ++ik r +lief iitc2e•t'tE� t:w�il'SICtI ttr T CttY67Jrf ±Ile -`C rveYrtl:'�'ttl:e
<br />€ hereby assigned to Beneficiary and Trustor flgre04 to exectite su'-h further as,,-i&nments of the Pruceeds as Beneficiary or
<br />Trustee may require.
<br />6. APPOINT.ME.NT O SUC'C'F,%,;�%OR'rP,('aTkF ltenrtiri<Irti ri,tt. frlm time nl time- br a written instrument
<br />` executed and ac' •owIedgced by Beneficiary'. mailed to'E'ru,;tur anA Ett'cordrel in the 4`ountt trt which the Trust F;state i�
<br />'
<br />located and by otfierwiseeomply ing cbith.the pr7,L7 l±.lt of ill f':1ppRCi b tt, lhw ofth—Sta-e of efiµts(i_tsubi;titute tt �llCte�Stt
<br />or successors to tht- Trustee named h(crein or Icting hereunder.
<br />E` 7. SUCCESSORS AN€ A!S.SIGNS, Tiu L; ctd=-• fi' rusEci ppz:[_�`E".fitu!c- 74 undiiint&till(72 *.ILLS[Rretc,,
<br />f. their heirs, legatees• deviL"s.. persormi represr..tail�t _. �lllt't'.vllr: tiliri 7r,( : fin!' tt rrt: I+E °I1r ICt<L �' sh 7II Rif�Elt thE'
<br />owner and holder of the Note, whether or. n(-t n,trr l F,t I 7eTCi:=
<br />d.. LNSPELMOSS. E3entfi�isr';. yr i* i« lit . r'_rrc�_rta_i�c� t•r :::,r "era 7..7r(' .c7 "t ,�i:c cf t tttcr at any rEtl�clnah;t,
<br />time upon nrin any part oftheTrtistEst3 :: f•,ri. k? vur;i+ _ in( :f • ..... .'i':f �.... `ry•�'•riF1 nil ittit'(•t
<br />the acts it is authorized to perform. under the *_ern,, t•! :vr, t.t t .0 1.+�:in I ti-oru,: �-w-i
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