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<br /> DEED OF TRUST 94, 104713
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<br /> THIS DEED OF TRUST, made this 271t h day of May . 19 94 , between
<br /> Dan L. Haussler and Alicia M. Haussler, husband and wife a,sTrustor,
<br /> Firsfier Bank, National Association, Omaha, Nebraska as Trustee,
<br /> FirsTser Bank, National Association, Omaha, Nebraska as Beneficiary:
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<br /> WITNESSETH:
<br /> That Trustor irrevocably grants, transfers and assigns to Trustee in trust, with power of sale, the following described
<br /> property:
<br /> Lot Six (5), Block Five (5), Gladstone Place, in the City of Grand Island, Hall
<br /> r County, Nebraska, excepting therefrom a certain tract of land more particularly
<br /> •desc:rihe(q as: Beginning at the Southwest corner of I-)t Six (6), Block Five 13),
<br /> Gladstcne Placer thence running East on they South line of Said Lot Six (6), a
<br /> distance of 16.92 feet; thence running westerly on the arc of a circle a distance
<br /> of 22.89 feet to a paint on the West line of said Lot Six (6) a distance of 15.06
<br /> feet North of the Southwest corner of said Lot Six (6), said arc being a segment
<br /> of a circle with a radius of 45 feet, the center of which lies 45 feet East and
<br /> 25 feet South of the Southwest corner of Lot Five (5), Block Five (5) Gladstone
<br /> place; thence running South on the west line of said Lot Six (6) a distance of
<br /> 15.06 feet to the point of beginning.
<br /> together with all interest which Trustor now has or may hereafter acquire in and to said property and in and to: (a) all
<br /> easements and rights of way appurtenant thereto; (b) all tenements, hereditaments, buildings, structures, improvements,
<br /> fixtures, equipment, furnishings and appurtenances now or hereafter placed thereon; (c) all leasehold estate, right title,
<br /> and interest of Trustor in and to all leases or subleases thereof or any portion thereof now or hereafter existing or entered
<br /> into, and all right, title, and interest of Trustor thereunder, including; without limitation, all cash or security deposits, advance
<br /> rentals, and deposits or payments of similar nature, and (d) all mineral, oil, gas rights and profits, water, water rights, and
<br /> water stock. "Trustor agrees to execute and deliver, from time to time, such further instruments as may be requested by
<br /> Beneficiary in form and substance satisfactory to Beneficiary to confirm the lien of this Deed of Trust on any of the
<br /> aforementioned property. The property so conveyed to Trustee hereunder is hereinafter referred to as "such property".
<br /> The Trustor absolutely and irrevocably grants, transfers and assigns to Beneficiarythe rents, income, issues, and profits
<br /> of all property covered by this Deed of Trust.
<br /> FOR THE PURPOSE OF SECURING:
<br /> 1. Pa.ymen,of the principal sum of Forty four thousand and no/100-----_--
<br /> _ _ ($44,000.00) Dollars-------------
<br /> evider,ced by the certain promissory note dated of even date herewith (hereinafter referred to as the "Promissory Note')
<br /> exoc,ated by Dan L. Haussler and Alicia M. Haussler
<br /> in a d amount and payable to the order of Beneficiary maturing on June 1, 1999
<br /> toged-er with interest thereon, late charges, and prepayment bonuses according to the terms of the Promissory Note
<br /> and all renewals, extensions, and modificationp thereof.
<br /> 2. Per forrnance. discharge of and compliance with every obligation, covenant and agreement of Trustor incorporated by
<br /> reference or contained herein or in any other security agreement or deed of trust at any time given to secure any
<br /> indebtedness hereby secured, or any part thereof.
<br /> 3. Payment of all fees and charges of Beneficiary or Trustee, whether or not set forth herein.
<br /> TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR COVENANTS:
<br /> TITLE: That it is lawfully seized and possessed of a good and indefeasible title and estate to all of such property in fee
<br /> simple free from any prior lien or encumbrance, has good right and lawful authority to convey the same, and will forever
<br /> warrant and defend the title thereto against the claims and demands of all persons whosoever; that it will, at its expense,
<br /> maintain and preserve the lien of this Deed of Trust as a first and paramount lien upon such property.
<br /> MAINTENANGE: To keep such property in good condition and repair; to complete or restore promptly and in good and
<br /> workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay, when due, all
<br /> claims for labor performed and materials furnished therefore and for any alterations thereof; to comply with the p, avisions
<br /> of all insurance policies covering said premises, to comply with all laws, ordinances, regulations, covenants, conditions
<br /> a,id restrictions affecting such property; not to remove, demolish or materially alter any building, or the character or use
<br /> the .goof rat any lime thereon; riot to drill or extract nor to permit the drilling for or extraction of oil, gas or other hydrocarbon
<br /> 9u1,,) ar,::on, water or any mineral of any kind unless the written consent of Beneficiary is had and obtained; not to commit or
<br /> pe: mit.airy waste thereof or any act upon such property in violation of law; to do all other acts In a timely and proper manner
<br /> whiw ! from tho character or use of such property may be reasonably necessary to protect and preserve said security, the
<br /> pec;fic enumerations heroin not excluding the general.
<br /> CONSTRUCTION OF IMPROVEMENTS: To complete in good and workmanlike manner any building or improvement or
<br /> rep;iir relating thereto which may be begun on such property or contemplated by the loan secured hereby, to pay when due
<br /> all costs and liabilities incurred therefore; and not to permit any mechanic's lien against such property. Trustor also agrees,
<br /> anything in this Deed of Trust to the contrary notwithstanding; (a) to promptly commence work and to complete the
<br /> proposed improvements promptly, (b) to complete same in accordance with plans and specifications as approved by
<br /> Beneficiary, (c) to comply with all of the terms of any building loan agreement between Trustor and Beneficiary, the terms of
<br /> which are incorporated herein by reference to the same extent qs if fully set forth herein and made a part of this Deed of
<br /> Trust. (d) fo allow Beneficiary to inspe, such property at all times during construction, and (e) to replace any work or
<br /> materials unsatisfactory tr' emineficiary, within tifterm (15) days after written notice from Beneficiary of s.rch fact, which
<br /> notice may be given to "i -ustor by registered or certified mail, sent to his last known address, or by personal service of the
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