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A part of the Northeast Quarter of the Southwest Quarter (NE1 /4 SW1 /4) of Section Twenty -Four (24), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, described as follows: Beginning at the Northeast Corner of the Southwest Quarter of Section 24, Township 11 North, Range 10 West, running thence South on the easterly line of said Southwest Quarter a distance of 90 feet to the point of beginning, running thence South a distance of 90 feet, thence running West parallel with the North line of said quarter section a distance of 163 feet; thence running due North parallel with the East line of said quarter section a distance of 90 feet, thence running East parallel with the North line of said Southwest Quarter a distance of 163 feet to the point of beginning, known as 1024 Claude Road, Grand Island, Nebraska 68803, together with all improvements and appurtenances thereon. The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARY that she is lawfully seized and the owner of the above - described property; that she has good right and lawful authority to sell and convey said premises and that said premises are free and clear of all liens and encumbrances, and further, that TRUSTOR will warrant and defend the title to said premises forever against the claims of all persons whomsoever. For the purpose of securing performance of each agreement of TRUSTOR herein contained and the payment of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000), the TRUSTOR has executed a Trust Deed Note bearing even date, at the rate of interest and on the terms and conditions as set forth in such Trust Deed Note until paid. The principal sum and interest shall be payable in accordance with and upon the terms and conditions of said Trust Deed Note of even date, and in any event the entire principal balance due hereunder and any accrued interest shall be paid on December 1, 2005. All payments due hereunder shall be paid at the address of the BENEFICIARY as above described, or at such other place as such BENEFICIARY or the holders of said security shall designate in writing. All installment payments hereunder shall be applied first to the payment of interest on the unpaid balance, pursuant to the Amortization Schedule, a copy of which has been provided to each of the parties hereto, and the remainder of each payment of such installment to be applied on principal. It is agreed by and between the parties hereto that while title is vested in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall: A. Retain possession of the property at all times, except as may be otherwise agreed by the parties in writing. B. Maintain the residence and any other improvements located on the real property in good condition and repair. C. Pay all general and special taxes and all special assessments of every kind levied or assessed against or due upon said property before delinquency, and to deliver to BENEFICIARY copies of receipts showing payment of such taxes each year. D. Procure and maintain policies of all -risk insurance on said improvements, in sums and underwritten by companies acceptable to the BENEFICIARY, in an amount at least equal to the property's full insurable value, which policies shall name the BENEFICIARY as additional insured, with the proceeds payable to the parties as their interests may appear hereunder. TRUSTOR agrees to provide BENEFICIARY with copies of such policies or certificates of insurance during the term of this indebtedness, which -1- CD CZL CD GO CD Z Q .S' M S D f CD C:) '-' a ° a Ul -� ° = M O t r n co Ei cn U) ca CD O 0 N N N � DEED OF TRUST N N O THIS TRUST DEED made this 7th day of November, 2000, between WANDA K. SMITH, a single person, as TRUSTOR, whose address is 1024 Claude Road, Grand Island, Nebraska 68803; JOHN M. CUNNINGHAM, a member of the Nebraska State Bar Association, as TRUSTEE, whose address is 222 North Cedar Street, Grand Island, Nebraska 68801; and PAUL JAMSON, a single person, whose address is 2311 N. Huston Avenue, Grand Island, Nebraska 68801, as BENEFICIARY. ql�G WITNESSETH: That TRUSTOR hereby grants, bargains, sells, conveys and warrants to TRUSTEE, IN TRUST, his heirs, devisees, personal representatives, successors and assigns, with power of sale, the following- described real property: A part of the Northeast Quarter of the Southwest Quarter (NE1 /4 SW1 /4) of Section Twenty -Four (24), Township Eleven (11) North, Range Ten (10) West of the 6th P.M., Hall County, Nebraska, described as follows: Beginning at the Northeast Corner of the Southwest Quarter of Section 24, Township 11 North, Range 10 West, running thence South on the easterly line of said Southwest Quarter a distance of 90 feet to the point of beginning, running thence South a distance of 90 feet, thence running West parallel with the North line of said quarter section a distance of 163 feet; thence running due North parallel with the East line of said quarter section a distance of 90 feet, thence running East parallel with the North line of said Southwest Quarter a distance of 163 feet to the point of beginning, known as 1024 Claude Road, Grand Island, Nebraska 68803, together with all improvements and appurtenances thereon. The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARY that she is lawfully seized and the owner of the above - described property; that she has good right and lawful authority to sell and convey said premises and that said premises are free and clear of all liens and encumbrances, and further, that TRUSTOR will warrant and defend the title to said premises forever against the claims of all persons whomsoever. For the purpose of securing performance of each agreement of TRUSTOR herein contained and the payment of ONE HUNDRED FIVE THOUSAND DOLLARS ($105,000), the TRUSTOR has executed a Trust Deed Note bearing even date, at the rate of interest and on the terms and conditions as set forth in such Trust Deed Note until paid. The principal sum and interest shall be payable in accordance with and upon the terms and conditions of said Trust Deed Note of even date, and in any event the entire principal balance due hereunder and any accrued interest shall be paid on December 1, 2005. All payments due hereunder shall be paid at the address of the BENEFICIARY as above described, or at such other place as such BENEFICIARY or the holders of said security shall designate in writing. All installment payments hereunder shall be applied first to the payment of interest on the unpaid balance, pursuant to the Amortization Schedule, a copy of which has been provided to each of the parties hereto, and the remainder of each payment of such installment to be applied on principal. It is agreed by and between the parties hereto that while title is vested in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall: A. Retain possession of the property at all times, except as may be otherwise agreed by the parties in writing. B. Maintain the residence and any other improvements located on the real property in good condition and repair. C. Pay all general and special taxes and all special assessments of every kind levied or assessed against or due upon said property before delinquency, and to deliver to BENEFICIARY copies of receipts showing payment of such taxes each year. D. Procure and maintain policies of all -risk insurance on said improvements, in sums and underwritten by companies acceptable to the BENEFICIARY, in an amount at least equal to the property's full insurable value, which policies shall name the BENEFICIARY as additional insured, with the proceeds payable to the parties as their interests may appear hereunder. TRUSTOR agrees to provide BENEFICIARY with copies of such policies or certificates of insurance during the term of this indebtedness, which -1- CD CZL CD GO CD Z Q .S'