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<br /> �� 99- 1�4265 N `�' �
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<br /> � Space above this line for Recording Data
<br /> NEBRASKA DEED OF TRUST ,� (�Q
<br /> � �
<br /> THIS DEED OF TRUST is made among the Trustor JAML�S A 13LLI S and MI STY F ELLI S ;�
<br /> (herein,"Borrower"), having an address at 412 E. 14TH STREET GRAND ISLAND, NE 68801 ,
<br /> and James C. Lamphere, Attomey at Law,4645 Normal Blvd., Ste. 150, P.O. Box 6577, Lincoln, NE 68506 (herein "Trustee"), and the Beneficiary, EMPIRE
<br /> FiJNDING CORP.,9737 Great Hills Trail,Austin,Texas 78759,a corporation organized and existing under the laws of Oklahoma,(herein"Lender").
<br /> BORROWER,in consideration of the indebtedness herein recited and the trust herein created,irrevocably grants and conveys to Trustee, in trust,with
<br /> power of sale,the following described property located in the County of HALL ,State of Nebraska:
<br /> LOT 8, BLOCK 78, WHEELER AND BENNETT'S THIRD ADDITION, CITY OF
<br /> GRAND ISLAND, HALL COUNTY, NEBRASKA.
<br /> which has the address of 412 E. 14TH STREET GRAND ISLAND NFs 68801
<br /> (herein"Property Address");
<br /> TOGETHER with all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances and rents(subject however to the
<br /> rights and authorities given herein to Lender to collect and apply such rents),all of which shall be deemed to be and remain a part of the property covered by this Deed
<br /> of Trust;and all of the foregoing,together with said property(or the leasehold estate if this Deed of Trust is on a leasehold)are hereinafter referred to as the"Property';
<br /> TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated 0 4/16/9 9 and extensions and renewals thereof
<br /> (herein"Note"),in the principal sum of U.S.$ 11,0 0 0.0 0 ,with interest thereon,providing for monthly installments of principal and interest,with the
<br /> balance of the indebtedness,if not sooner paid,due and payable on 04/21/0 9 ;the payment of all other sums,with interest thereon,advanced in
<br /> accordance herewith to protect the security of this Deed of Trust;and the performance of the covenants and agreements of Bonower herein contained.
<br /> Borrower covenanu that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property,and that the Property
<br /> is unencumbered,except for encumbrances of record.Borrower covenants that Borrower warrants and will defend generally the title to the Property against all ciaims
<br /> and demands,subject to encumbrances of record.
<br /> UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
<br /> 1. Payment of Principal and Interest.Borrower shall pay when due the principal and interest indebtedness and late charges evidenced by the Note.
<br /> 2. Taxes.Borrower shall pay when due all taxes,liens,assessments,charges,fines,impositions,leasehold payments,ground rents,and any other
<br /> charges whatsoever now existing or hereafter levied or assessed upon the Property,or upon the interest therein created by this Deed of Trust and,upon Lender's
<br /> request,shall deliver ro Lender satisfactory evidence of payment thereof. Borrower shall preserve and maintain the liens created hereby on the Property,
<br /> induding any improvements hereafter made a part of the realty.Borrower will not let any mechanic's or other workmen's judgment lien attach to the Property.
<br /> 3. Application of Payments.Unless applicable law provides otherwise,all payments received by Lender shall be applied according to the terms of the
<br /> Note.
<br /> 4. Prior Mortgages and Deeds of Trust;Charges;Liens.Borrower shall perform all of Borrower's obligations under any mortgage,deed of trust or
<br /> other security agreement with a lien which has priority over this Deed of Trust,including Borrower's covenants to make payments when due.Borrower shall pay
<br /> or cause to be paid all taxes,assessments and other charges,fines and impositions attributable to the Property which may attain a priority over this Deed of Trust,
<br /> and leasehold payments or ground rents,if any.
<br /> 5. Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included
<br /> within the term"extended coverage,"and such other hazards as Lender may require and in such amounts and for such periods as Lender may require. The
<br /> insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender;provided,that such approval shall not be unreasonably
<br /> withheld.All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a
<br /> form acceptable to Lendec Lender shall have the right to hold the policies and renewals thereof,subject to the terms of any mortgage,deed of trust or other
<br /> security agreement with a lien which has priority over this Deed of Trust. In the event of loss,Borrower shall give prompt notice to the insurance carrier and
<br /> Lender.Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower,or if BoROwer fails to respond to Lender
<br /> within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits,Lender is authorized
<br /> to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust.In
<br /> addition,Borrower agrees to maintain flood insurance with Beneficiary as loss payee in an amount equal to the principal outstanding during the term of said
<br /> indebtedness if re uired ursu t to th�e lyo�o�d isaster Protective Act(42 U.S.C.4012a.
<br /> Borrower(s)initials � J � �J• Ir �
<br /> EFC 2/99 Form:D-4-NE PAGE 1 of 3
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