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a <br />••a <br />• <br />5 <br />May 26 <br />7' n <br />'n s <br />C M <br />Z n <br />n > <br />�c s <br />DEED OF TRUST <br />KNOW ALL MEN BY THESE PRESENTS: that Douglas M. Westerby and Victoria <br />Westerby, husband and wife, hereinafter referred to as "Trustor ", to secure a note of even date <br />herewith for the principal amount of One Hundred Thousand Dollars ($100,000.00) payable to the <br />order of Jack D. Wiese and Wendy Lee DeNoyer, hereinafter referred to as "Beneficiary ", providing <br />for payment of the entire principal balance, all in accordance with a Deed of Trust Note executed on <br />A * 2004, do hereby grant and convey unto Vincent L. Dowding, attorney at law, the "Trustee ", <br />the following described property: <br />See Exhibit A <br />TO HAVE AND TO HOLD the same, together with all appurtenances, in trust nevertheless, <br />and in case of default in the payment of said Note or any part thereof or in the performance of any <br />covenant hereinafter set forth, then the Trustee shall have the power to sell the above - described <br />property, and upon request of the Beneficiary, the Trustee shall file for record in the Register of <br />Deed's Office of Hall County, Nebraska, a Notice of Default, setting forth that a breach of an <br />obligation for which the said property was conveyed as security has occurred, and setting forth the <br />nature of such breach and the Trustee's election to sell the property to satisfy the obligation; and <br />after the lapse of not less than one (1) month, the Trustee shall give written notice of the time and <br />place of sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at the Hall County <br />Courthouse, and particularly describing the property to be sold, said Notice to be published in a <br />newspaper of a general circulation in Hall County, Nebraska, once a week for five (5) consecutive <br />weeks, the last publication to be at least ten (10) days but not more than thirty (3 0) days prior to the <br />sale; and the Trustee shall then sell said property at the time and place designated in this Notice, in <br />the manner provided by law in effect at the time of filing said notice, at public auction to the highest <br />bidder for cash, and shall deliver to such purchaser a deed to the property sold consistent with the <br />law in effect at that time. Additionally, Trustor hereby requests that Trustee shall mail Trustor a <br />copy of any Notice of Default and Notice of Sale hereunder upon default addressed to them at 3620 <br />Catfish Avenue, Grand Island, Nebraska 68801. Out of the proceeds of said sale, the Trustee shall <br />retain and pay first all fees, charges, and costs of sale, and all monies advanced in the exercise of <br />the power of sale, including the payment of the Trustee's fees actually incurred, and pay second the <br />obligations secured by this Deed of Trust; and the balance, if any, shall be paid to the person or <br />persons legally entitled thereto. Any person, including the Beneficiary, may purchase said property <br />at such sale. <br />The Trustor covenants that at the time of delivery of these presents, they are seized of said <br />property in fee simple, and that said property is free of encumbrances, except easements, rights -of- <br />way, restrictions and reservations of record, and they will properly maintain the property, keep all <br />buildings insured for fire and extended coverage in an amount equal to the unpaid balance of the <br />aforesaid Note, with loss payable to the Beneficiary, and will pay all taxes and assessments against <br />o M <br />N <br />O <br />CD rL <br />> <br />(n <br />O -3 <br />Cn <br />ry <br />C <br />o <br />Z <br />o <br />\' ) <br />n G� <br />Z <br />,, <br />-c <br />< <br />rrl t'' <br />i i -7 <br />A <br />cn <br />cn <br />KNOW ALL MEN BY THESE PRESENTS: that Douglas M. Westerby and Victoria <br />Westerby, husband and wife, hereinafter referred to as "Trustor ", to secure a note of even date <br />herewith for the principal amount of One Hundred Thousand Dollars ($100,000.00) payable to the <br />order of Jack D. Wiese and Wendy Lee DeNoyer, hereinafter referred to as "Beneficiary ", providing <br />for payment of the entire principal balance, all in accordance with a Deed of Trust Note executed on <br />A * 2004, do hereby grant and convey unto Vincent L. Dowding, attorney at law, the "Trustee ", <br />the following described property: <br />See Exhibit A <br />TO HAVE AND TO HOLD the same, together with all appurtenances, in trust nevertheless, <br />and in case of default in the payment of said Note or any part thereof or in the performance of any <br />covenant hereinafter set forth, then the Trustee shall have the power to sell the above - described <br />property, and upon request of the Beneficiary, the Trustee shall file for record in the Register of <br />Deed's Office of Hall County, Nebraska, a Notice of Default, setting forth that a breach of an <br />obligation for which the said property was conveyed as security has occurred, and setting forth the <br />nature of such breach and the Trustee's election to sell the property to satisfy the obligation; and <br />after the lapse of not less than one (1) month, the Trustee shall give written notice of the time and <br />place of sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at the Hall County <br />Courthouse, and particularly describing the property to be sold, said Notice to be published in a <br />newspaper of a general circulation in Hall County, Nebraska, once a week for five (5) consecutive <br />weeks, the last publication to be at least ten (10) days but not more than thirty (3 0) days prior to the <br />sale; and the Trustee shall then sell said property at the time and place designated in this Notice, in <br />the manner provided by law in effect at the time of filing said notice, at public auction to the highest <br />bidder for cash, and shall deliver to such purchaser a deed to the property sold consistent with the <br />law in effect at that time. Additionally, Trustor hereby requests that Trustee shall mail Trustor a <br />copy of any Notice of Default and Notice of Sale hereunder upon default addressed to them at 3620 <br />Catfish Avenue, Grand Island, Nebraska 68801. Out of the proceeds of said sale, the Trustee shall <br />retain and pay first all fees, charges, and costs of sale, and all monies advanced in the exercise of <br />the power of sale, including the payment of the Trustee's fees actually incurred, and pay second the <br />obligations secured by this Deed of Trust; and the balance, if any, shall be paid to the person or <br />persons legally entitled thereto. Any person, including the Beneficiary, may purchase said property <br />at such sale. <br />The Trustor covenants that at the time of delivery of these presents, they are seized of said <br />property in fee simple, and that said property is free of encumbrances, except easements, rights -of- <br />way, restrictions and reservations of record, and they will properly maintain the property, keep all <br />buildings insured for fire and extended coverage in an amount equal to the unpaid balance of the <br />aforesaid Note, with loss payable to the Beneficiary, and will pay all taxes and assessments against <br />o M <br />N <br />O <br />CD rL <br />> <br />(n <br />O -3 <br />Cn <br />ry <br />C <br />o <br />Z <br />o <br />\' ) <br />