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13V211S Y 'I'J
<br />Return to: Grand Island Abstract, Escrow & Title Company
<br />704 W. 3rd Street
<br />Grand Island NE 68801
<br />DEED OF TRUST
<br />This DEED OF TRUST is made effective as of the 29th day of October, 2019, by and
<br />among WILLIAM H. HINTON and LOCKE L. HYDE, Husband and Wife, whose mailing address
<br />for purposes of this Deed of Trust is 22 Scenic Road, Fairfax, California 94930 (herein, "Trustor"
<br />or `Borrower"); KEVIN P. WALSH, whose mailing address is 104 N. Wheeler Avenue, Grand
<br />Island, NE 68801 (herein, "Trustee"); and the Beneficiary, JOSEPH A. MARK and SHEILA P.
<br />MARK, TRUSTEES OF THE MARK FAMILY REVOCABLE TRUST DATED APRIL 9m
<br />2015, AS AMENDED, whose mailing address is P.O. Box 3536, Carmel, California 93921
<br />(herein, "Lender").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit to
<br />Borrower and the trust herein created, the receipt of which is hereby acknowledged, Trustor hereby
<br />irrevocably grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF
<br />SALE, for the benefit and security of Lender, under and subject to the terms and conditions
<br />hereinafter set forth, all of Trustor's interest in the following real estate located in Hall County,
<br />Nebraska, legally described as follows:
<br />Lots Ten (10) and Eleven (11), Richmond Subdivision, in the City of Grand Island,
<br />Hall County, Nebraska;
<br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights,
<br />privileges, and appurtenances located thereon or in anywise pertaining thereto, and the rents, issues
<br />and profits, reversions and remainders thereof, and such personal property that is attached to the
<br />improvements so as to constitute a fixture, including but not limited to heating and cooling
<br />equipment, and together with the homestead or marital interests, if any, which interests are hereby
<br />released and waived; all of which, including replacements and additions thereto, is hereby declared
<br />to be a part of the real estate secured by the lien of this Deed of Trust, and all of the foregoing
<br />being referred to herein as the "Property".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced
<br />by a Promissory Note of even date herewith having a maturity date of October 31, 2024, in the
<br />original principal amount of Five Hundred Thousand and No/100 Dollars ($500,000.00), and any
<br />and all modifications, extensions, and renewals thereof or thereto, and any and all future advances
<br />and re -advances to Borrower hereunder pursuant to one or more promissory notes or credit
<br />agreements (herein called the "Note"); (b) the payment of other sums advanced by Lender to
<br />protect the security of the Note; (c) the performance of all covenants and agreements of Trustor
<br />set forth herein; and (d) all present and future indebtedness and obligations of Borrower to Lender,
<br />whether direct, indirect, absolute, or contingent and whether arising by note, guaranty, overdraft,
<br />or otherwise. The Note, this Deed of Trust, and any and all other documents securing the Note or
<br />otherwise executed in connection therewith, including without limitation guarantees, security
<br />agreements, and assignments of leases and rents, shall be referred to herein as the "Loan
<br />Instruments".
<br />TRUSTOR COVENANTS AND AGREES WITH LENDER AS FOLLOWS:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the
<br />Property, and warrants that the lien created hereby is a first and prior lien on the Property and that
<br />the execution and delivery of this Deed of Trust does not violate any contract or other obligation
<br />to which Trustor is subject.
<br />3. Taxes, Assessments. Trustor shall pay, before delinquent, all taxes, special
<br />assessments, and all other charges against the Property now or hereafter levied.
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