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<br />DEED OF TRUST v D y
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<br />THIS DEED OF TRUST, is made as of the lfh day of February, 2004, by
<br />and among, Ryan Plummer and Shannon Plummer, husband and wife, T(Ustor "), whose
<br />mailing address is 2520 Pioneer Blvd., Grand Island, NE 68801; Gary D. Byrne, a
<br />member of the Nebraska State Bar Association, ( "Trustee "), whose mailing address`^
<br />is P.O. Box 929, North Platte, NE 69103 -0929 and Jack D O'Hara and DeAnne L.\�
<br />O'Hara, husband and wife, ( "Beneficiary "), whose mailing address is 5137 S.
<br />Engleman Road, Grand Island, NE 68801.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys
<br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and
<br />security of Beneficiary, under and subject to the terms and conditions of this
<br />Deed of Trust, the real property located in the County of Hall, State of
<br />Nebraska, and legally described as follows (the "Property "):
<br />Lot 35, Block D, Parkview Subdivision, Grand Island, Hall County,
<br />Nebraska.
<br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments,
<br />interests in adjoining roads, streets and alleys, improvements and buildings of
<br />any kind situated thereon and all personal property that may be or hereafter
<br />become an integral part of such buildings and improvements, and all water rights.
<br />The Property and the entire estate and interest conveyed to the
<br />Trustee are referred to collectively as the "Trust Estate ".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtedness in the total principal amount of
<br />$92,000.00, with interest thereon, as evidenced by that certain promissory note
<br />dated January 1, 2004, (the "Note ") with a maturity date of February 1, 2033,
<br />executed by Trustor, which has been delivered and is payable to the order of
<br />Beneficiary, and which by this reference is hereby made a part hereof, and any
<br />and all modifications, extensions and renewals thereof, and
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust
<br />Estate, with interest thereon at the rate of 5% per annum, and
<br />C. The performance of Trustor's covenants and agreements.
<br />This Deed of Trust, the Note, and any other instrument given to
<br />evidence or further secure the payment and performance of any obligation secured
<br />hereby are referred to collectively as the "Loan Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the
<br />principal of, and the interest on, the indebtedness evidenced by the Note,
<br />charges, fees and all other sums as provided in the Loan Instruments.
<br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and
<br />special assessments of every kind, now or hereafter levied against the Trust
<br />Estate or any part thereof directly, without notice or demand as each installment
<br />comes due and shall provide the Beneficiary with evidence of the payment of the
<br />same.
<br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and
<br />extended coverage insurance insuring the improvements and buildings constituting
<br />part of the Trust Estate for an amount no less than the amount of the unpaid
<br />principal balance of the Note (co- insurance not exceeding 80W permitted). Such
<br />insurance policy shall contain a standard mortgage clause in favor of Beneficiary
<br />and shall not be cancelable, terminable or modifiable without ten (10) days prior
<br />written notice to Beneficiary. Trustor shall furnish Beneficiary a certificate
<br />of insurance coverage at Beneficiary's request, with a provision in such
<br />certificate that the insurer shall provide Beneficiary ten (10) days advance
<br />notice of any cancellation of the policy at any time for any reason, or of
<br />expiration of policy without renewal thereof. Trustor shall promptly repair,
<br />maintain, and replace the Trust Estate or any part thereof so that, except for
<br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event
<br />shall the Trustor commit waste on or to the Trust Estate.
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