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<br />24406902
<br />DEED OF TRUST
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<br />THIS DEED OF TRUST, is made as of the 17 day of June, 2004, by and among, Gary D.
<br />Boeka, a nonresident and nondomiciliary of the State of Nebraska ( "Trustor "), whose mailing address is 1830
<br />Motor Avenue, Los Angeles, CA 90064; Gary D. Byrne, a member of the Nebraska State Bar Association
<br />( "Trustee "), whose mailing address is P.O. Box 929, North Platte, NE 69103 -0929; and Julio G. Macat and
<br />Yolanda R. Macat, husband and wife ( "Beneficiary"), whose mailing address is 1201 South Roxbury #310, Los
<br />Angeles, CA 90035.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to
<br />Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject
<br />to the terms and conditions of this Deed of Trust, the real property located in the City of Grand Island, County
<br />of Hall, State of Nebraska, and legally described as follows (the "Property "):
<br />Lot 22, Block 4, Brentwood Subdivision in the City of Grand Island, Hall County, Nebraska.
<br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in
<br />adjoining roads, streets and alleys, improvements and buildings of any kind situated thereon and all personal
<br />property that may be or hereafter become an integral part of such buildings and improvements, all crops
<br />raised thereon, and all water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to
<br />collectively as the "Trust Estate ".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtedness in the total principal amount of $125,000.00, with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a maturity date of June
<br />1, 2034, executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which
<br />by this reference is hereby made a part hereof, and any and all modifications, extensions and renewals
<br />thereof, and
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest
<br />thereon at the rate of 5.75% 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 evidence or further secure
<br />the payment and performance of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and
<br />the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the
<br />Loan Instruments.
<br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments
<br />of every kind, now or hereafter levied against the Trust Estate or any part thereof directly without notice or
<br />demand as each installment 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 extended coverage
<br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no less
<br />than the amount of the unpaid principal balance of the Note (co- insurance not exceeding 80% permitted).
<br />Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be
<br />cancelable, terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor shall
<br />furnish Beneficiary a certificate of insurance coverage at Beneficiary's request, with a provision in such
<br />certificate that the insurer shall provide Beneficiary ten (10) days advance notice of any cancellation of the
<br />policy at any time for any reason, or of expiration of policy without renewal thereof. Trustor shall promptly
<br />repair, maintain, and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear,
<br />the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, and
<br />local environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or
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