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M <br />C <br />n to <br />NEB1tA131KA [IEEb OF <br />200®10980 <br />n CI <br />Z D <br />M <br />n l <br />x � <br />+I <br />0 <br />>\ <br />`, <br />O <br />v_ <br />C') cf) <br />o --q <br />M <br />� o <br />p 'f 1 <br />M <br />D LI7 <br />r ry <br />r v <br />n <br />THIS DEED OF TRUST, is made on December b , 2000, by and among <br />Trustor, Denise D. Hesnault and Dion L. Hesnault, wife and husband, (herein <br />"Borrower "), whose mailing address is P.O. Box 189, Cairo, Nebraska 68824; Michael <br />L. Offner, Attorney at Law, (herein "Trustee "), whose mailing address is 401 North <br />Webster, Red Cloud, Nebraska 68970; and Beneficiaries, Doyle L. Brundage and <br />Peggy Brundage, husband and wife; Darrel E. Brundage and Yvonne Brundage, <br />husband and wife; and Sherryl A. Saathoff and Larry Saathoff, wife and husband, <br />(herein "Lenders "). <br />O <br />N <br />O <br />O <br />O <br />�a <br />0 <br />- Co <br />co <br />Cn <br />rn <br />c�. <br />cap <br />0 <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein <br />and trust herein created, receipt of which is hereby acknowledged, Borrower <br />irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF <br />SALE, for the benefit and security of Lenders, under and subject to the terms and <br />conditions of this Deed of Trust, the real property, described as follows (the "Property"): <br />Lots (1) and Two (2), Block Four (4), in the Third Addition to the Town of <br />Cairo, Hall County, Nebraska. <br />TOGETHER WITH, all buildings, improvements, fixtures, easements, rights, <br />privileges, appurtenances, located thereon or in anywise pertaining thereto, interests in <br />adjoining roads, streets and alleys, and the rents issues and profits, additions, <br />replacements, accessions, reversions and remainders thereof; personal property used <br />in connection with the real estate and all water rights. The property and the entire <br />estate and interest conveyed to the Trustee are referred to collectively as the <br />"PROPERTY ". Borrower covenants that Borrower is lawfully seized of the Property, has <br />the right to convey the property, that the property is subject only to the encumbrances, <br />easements or restrictions set forth herein, and that Borrower will warrant and defend <br />the title to the Property against all claims and demands. <br />FOR THE PURPOSE OF SECURING: <br />(a) Payment of indebtedness in the total principal amount of THIRTY THOUSAND AND NO /100 <br />DOLLARS ($30,000.00), with interest thereon as evidenced by certain promissory notes of even date (the <br />"Notes "), executed by Borrower to each Beneficiary, which has been delivered and is payable to the <br />order of Lenders, and which by this reference is hereby made a part hereof, and any and all <br />modifications, extensions and renewals thereof; (b) Payment of all sums advanced by Lenders to <br />protect the Property, with interest thereon at the default rate provided in the Note; (c) The performance <br />of all covenants and agreements of Borrower set forth herein; (d) all PRESENT and FUTURE <br />indebtedness of Borrower to Lenders whether direct, indirect, absolute or contingent; joint, several or <br />joint and several; and whether arising by note, guaranty, overdraft or otherwise, whether or not such <br />instrument or obligation refers to this Deed of Trust; and (e) FUTURE ADVANCES made pursuant hereto, <br />PROVIDED at no time during the term of this Deed of Trust, or any extension thereof, shall the unpaid <br />and outstanding secured principal and future advances, not including sums advanced by the Mortgagee <br />to protect the security of this Deed of Trust, exceed 100% of the principal amount of this deed of trust, <br />(but this provision shall not constitute an obligation upon or commitment of the Lenders to make <br />additional advances or loans to the Borrower), ALL of which documents are referred to collectively as the <br />"LOAN INSTRUMENTS ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS: Borrower shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in <br />the Loan Instruments. <br />2. TAXES: Borrower shall pay each installment of all taxes and special assessments of every <br />Page 1 of 5 Pages <br />JANCs \XY4\ DATA \LAND \HESNAULT.DOT12 /14/100 <br />