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<br /> DSSD OF TRUST 1* � v`� � �
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<br /> THIS TRUST DEED made this �`t day of December, 1999, between PATRICK V. �.
<br /> FRICKEY and BONNIE K. FRICKEY, husband and wife, as TRUSTORS, whose address is
<br /> 2217 West 3rd Street, Grand Island, Nebraska 68803; JOHN M. CUNNINGHAM, a member �-'
<br /> of the Nebraska State Bar Association, as TRUSTEE, whose address is 222 N. Cedar �
<br /> St. , P.O. Box 2280, Grand Island, Nebraska 68802-2280; and WILLIAM H. BAASCH and ^
<br /> LINDA M. BAASCH, husband and wife, as joint tenants d�ith right of survivorship, \
<br /> not tenants in common, whose address is 3180 S. Blaine St. , Grand Island,
<br /> Nebraska 68801, as BENEFICIARIES.
<br /> WITNESSETH:
<br /> That TRUSTpRS hereby grant, bargain, sell, convey and warrant to TRUSTEE,
<br /> IN TRUST, his heirs, devisees, personal representatives, successors and assigns,
<br /> with power of sale, the following-described real property:
<br /> Lots One (1) , Two (2) , and Three (3) , Block Three (3) , Baker' s Addition to
<br /> the City of Grand Island, Hall County, Nebraska,
<br /> together with all improvements and appurtenances thereon.
<br /> The TRUSTORS hereby covenant and agree with the TRUSTEE and BENEFICIARIES
<br /> that they are lawfully seized and the owners of the above-described property;
<br /> that they have good right and lawful authority to sell and convey said premises
<br /> and that said premises are free and clear of all liens and encumbrances, and
<br /> further, that TRUSTORS will warrant and defend the title to said premises forever
<br /> against the claims of all persons whomsoever.
<br /> For the purpose of securing performance of each agreement of TRUSTORS
<br /> herein contained and the payment of ONE HUNDRED NINETY-FIVE THOUSAND FIVE HUNDRED
<br /> DOLLARS ($195,500) , the TRUSTORS have executed a Trust Deed Note bearing even
<br /> date, at the rate of interest and on the tenns and conditions as set forth in
<br /> such Trust Deed Note until paid. The principal sum and interest shall be payable
<br /> in accordance with and upon the terms and conditions of said Trust Deed Note of
<br /> even date, and in any event the entire principal balance due hereunder and any
<br /> accrued interest shall be paid on December 15, 2009. All payments due hereunder
<br /> shall be paid at the address of the BENEFICIARIES as above described, or at such
<br /> other place as such BENEFICIARIES or the holders of said security shall designate
<br /> in writing. All installment payments hereunder shall be applied first to the
<br /> payment of interest on the unpaid balance, pursuant to the Amortization Schedule,
<br /> a copy of which has been provided to each of the parties hereto, and the
<br /> remainder of each payment of such installment to be applied on principal.
<br /> It is agreed by and between the parties hereto that while title is vested
<br /> in the TRUSTEE and until filing of Notice of Default, the TRUSTORS shall:
<br /> A. Retain possession of the property at all times, except as may be otherwise
<br /> agreed by the parties in writing.
<br /> B. Maintain the residence and any other improvements located on the real
<br /> property in good condition and repair.
<br /> C. Pay all general and special taxes and all special assessments of every
<br /> kind levied or assessed against or due upon said property before
<br /> delinquency, and to deliver to BENEFICIARIES copies of receipts showing
<br /> payment of such taxes each year.
<br /> D. Procure and maintain policies of all-risk insurance on said improvements,
<br /> in sums and underwritten by companies acceptable to the BENEFICIARIES, in
<br /> an amount at least equal to the property's full insurable value, which
<br /> policies shall name the BENEFICIARIES as additional insureds, with the
<br /> proceeds payable to the parties as their interests may appear hereunder.
<br /> TRUSTORS agree to provide BENEFICIARIES with copies of such policies or
<br /> certificates of insurance during the tenn of this indebtedness, which
<br /> policies of insurance may not be cancelled by said carrier without fifteen
<br /> (15) days written notice to BENEFICIARIES. .
<br /> E. In the event the TRUSTORS fail or neglect to pay taxes and procure
<br /> casualty insurance, all as above set forth, then BENEFICIARIES may pay
<br /> such taxes and procure such insurance, and all sums expended and advanced
<br /> by BENEFICIARIES and TRUSTEE in accordance with the provisions contained
<br /> herein are secured hereby and, without demand, shall be immediately due
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