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`. M c-n m t' Un N cs 0 C) -4 C T,. O -Tl , r -- r i- Gn D cn This Trust Deed is made on January 31, 2004. JERRY ALBERTS AND GERALDINE K. ALBERTS, Husband and Wife, 2332 South Locust Street, Grand Island, NE 68801, are the TRUSTOR (whether one or more). DAVID T. SCHROEDER, Attorney at Law, P.O. Box 1545, Grand Island, NE 68802, is the TRUSTEE, and GARY E. SHOVLAIN, , 2211 Riverside Drive, Grand Island, NE 68801 is the BENEFICIARY. FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grant, transfer, convey and assign to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, all of Trustor's interest in and to the real property, described as follows: Lot two (2), Shovlain Second Subdivision in the City of Grand Island, Hall County, Nebraska, EXCEPT a tract of land more particularly described in Deed recorded as Document No. 200007315 Together with all interest in and to all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anyway pertaining thereto, and the rents, issues and profits, reversions and remainders thereof; including, but not limited to, heating and cooling equipment and such personal property that is attached to the improvements so as to constitute a fixture; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "property". The intention being to convey hereby an absolute title in fee simple. The Trustor covenants and agrees with the said Trustee and Beneficiary that Trustor is lawfully seized of said premises; that Trustor has good right and lawful authority to sell and convey Trustor's interest in and to said premises, that said premises are free and clear of all liens and encumbrances, except encumbrances of record. Trustor will warrant and defend the title to said premises unto the Trustee and his successor and assigns forever against the claims and demands of all persons. This Trust Deed is executed to secure the payment of a Promissory Note and for the purpose of securing performance of each agreement of Trustor herein contained and the principal payment of $142,000.00 evidenced by a Promissory Note, bearing a date of January 31, 2004, principal sum and interest thereon shall be payable, in installments, as follows: The principal sum together with accrued interest shall be due and payable in twenty-two blended monthly installments of principle and interest at the rate 6.5% per annum, based on a thirty year amortization, of $898.86 per month beginning on March 1, 2004 and continuing on the 1st day of each month thereafter through December 1, 2005, including interest on the unpaid balance thereof from February 1, 2004 at the rate of 6.5% per annum. The total balance of principle and interest shall become due and payable on December 31, 2005, as a balloon final payment. As stated, the undersigned acknowledges that this conveyance to Trustee is given for the purpose of securing a Promissory note from JERRY ALBERTS AND GERALDINE K. ALBERTS, Husband and Wife, Maker, in the principal sum of $142, 000.00 dated January 31, 2004. If Maker fails to make any installment when due, the Trustor (Maker) understands that this Trust Deed may be foreclosed in the manner provided for by law. C—) r N O CD O 0. C7 N CD CD iZ:5 �- Z n YZ M b � �.r e�y 5 E,AJ TRUST DEED `. M c-n m t' Un N cs 0 C) -4 C T,. O -Tl , r -- r i- Gn D cn This Trust Deed is made on January 31, 2004. JERRY ALBERTS AND GERALDINE K. ALBERTS, Husband and Wife, 2332 South Locust Street, Grand Island, NE 68801, are the TRUSTOR (whether one or more). DAVID T. SCHROEDER, Attorney at Law, P.O. Box 1545, Grand Island, NE 68802, is the TRUSTEE, and GARY E. SHOVLAIN, , 2211 Riverside Drive, Grand Island, NE 68801 is the BENEFICIARY. FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and trust herein created, the receipt of which is hereby acknowledged, Trustor hereby irrevocably grant, transfer, convey and assign to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and conditions hereinafter set forth, all of Trustor's interest in and to the real property, described as follows: Lot two (2), Shovlain Second Subdivision in the City of Grand Island, Hall County, Nebraska, EXCEPT a tract of land more particularly described in Deed recorded as Document No. 200007315 Together with all interest in and to all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances located thereon or in anyway pertaining thereto, and the rents, issues and profits, reversions and remainders thereof; including, but not limited to, heating and cooling equipment and such personal property that is attached to the improvements so as to constitute a fixture; and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of the foregoing being referred to herein as the "property". The intention being to convey hereby an absolute title in fee simple. The Trustor covenants and agrees with the said Trustee and Beneficiary that Trustor is lawfully seized of said premises; that Trustor has good right and lawful authority to sell and convey Trustor's interest in and to said premises, that said premises are free and clear of all liens and encumbrances, except encumbrances of record. Trustor will warrant and defend the title to said premises unto the Trustee and his successor and assigns forever against the claims and demands of all persons. This Trust Deed is executed to secure the payment of a Promissory Note and for the purpose of securing performance of each agreement of Trustor herein contained and the principal payment of $142,000.00 evidenced by a Promissory Note, bearing a date of January 31, 2004, principal sum and interest thereon shall be payable, in installments, as follows: The principal sum together with accrued interest shall be due and payable in twenty-two blended monthly installments of principle and interest at the rate 6.5% per annum, based on a thirty year amortization, of $898.86 per month beginning on March 1, 2004 and continuing on the 1st day of each month thereafter through December 1, 2005, including interest on the unpaid balance thereof from February 1, 2004 at the rate of 6.5% per annum. The total balance of principle and interest shall become due and payable on December 31, 2005, as a balloon final payment. As stated, the undersigned acknowledges that this conveyance to Trustee is given for the purpose of securing a Promissory note from JERRY ALBERTS AND GERALDINE K. ALBERTS, Husband and Wife, Maker, in the principal sum of $142, 000.00 dated January 31, 2004. If Maker fails to make any installment when due, the Trustor (Maker) understands that this Trust Deed may be foreclosed in the manner provided for by law. C—) r N O CD O 0. C7 N CD CD iZ:5 �- Z n