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<br /> DEED OF TRUST
<br /> 4�C� s�
<br /> THIS DEED OF TRUST, made this lst day of April 1999 0
<br /> byandamong Kirk S. Barnhill and Julie A. Barn i , us an an wi e
<br /> (herein "Trustor"); and Jerry J. Milner
<br /> , whose mailing address is 15 . n treet. , ox
<br /> Grand Island NE 68802
<br /> (herein"Trustee"); and Associates Financial Services Company of Nebraska Inc.
<br /> whose mailing address is 2014 N Lawrence Lane, Grand Island NE 68803
<br /> (herein"Beneficiary").
<br /> FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br /> POWER OF SALE,for the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust,the
<br /> tollowing described real property, located in Hall County, Nebraska:
<br /> The following described real estate in Hall County, Nebraska:
<br /> Lot Five (5) , in Block One Hundred Thirty-Eight (138) of Union Pacific Railway
<br /> Company's Second Addition to the City of Grand Island, Hall County, Nebraska.
<br /> TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or subleases
<br /> covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Trustor
<br /> thereunder; all interests, estate or other claims, both in law and in equity,which Trustor now has or may hereafter acquire in the real
<br /> property; all easements, rights-of-way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas rights and
<br /> profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land lying
<br /> within the right-of-way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, and
<br /> appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as"ImprovemenY'or"Improvements");and
<br /> any and all awards made for the taking by eminent domain,or by any proceeding or purchase in lieu thereof,of the whole or any part
<br /> of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the
<br /> "Property"
<br /> FOR THE PURPOSE OF SECURING:
<br /> Th a ment f debte ess evi e ed b Tr ( nai,s�u�p,, t Ni,�T
<br /> ( ) p y tor' note f v herewith in the princi, o y
<br /> Eig�t '�housand� �ive �undre� �wen�y `�ig�it anc� �1�71`��-------��ttars $ yt5 Gt5 l� �,
<br /> together with interest at the rate or rates provided therein, or the principal and interest on any future advances evidenced by
<br /> promissory notes stating they are secured hereby, (herein"Note"or"Notes")and any and all renewais, modifications and extensions
<br /> of such Note, both principal and interest on the Note being payabie in accordance with the terms set forth therein, reference to which
<br /> is hereby made.
<br /> (b)The performance of each agreement and covenant of Trustor herein contained;and
<br /> (c)The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of this
<br /> Deed of Trust.
<br /> A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST,TRUSTOR HEREBY COVENANTS AND AGREES AS FOL�OWS:
<br /> 1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the
<br /> indebtedness evidenced by the Note, and all other charges and fees as provided in the Note,and the principal of and interest on any
<br /> Future Advances secured by this Deed of Trust.
<br /> 2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property
<br /> hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances
<br /> except liens now of record;and Trustor will warrant and defend the title to the Property against all claims and demands.
<br /> 3. MAINTENANCE AND COMPLIANCE WITH LAWS.Trustor shall keep the Property in good repair and condition and shall not
<br /> commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of
<br /> Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be aitered,removed or demolished without
<br /> the prior written consent of Beneficiary. Trustor shall compiy with ail laws, ordinances, regulations, covenants, conditions and
<br /> restrictions affecting the Property and not commit, suffer or permft any act to be done in or upon the Property in violation of any law,
<br /> ordinance, regulation, covenant, condition or restriction.Trustor shall complete or restore promptly and in good workmanlike manner
<br /> any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed and
<br /> matenals furnished therefore and for any alterations thereof.
<br /> , ORIGINAL(1)
<br /> eo7s�� REV.t�-98 Nebraska BORROWER COPY(1) oo752A.oa
<br /> RETENTION COPY(1)
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