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together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, <br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the <br />rents, issues and profits, reversions and remainders thereof, and such personal property that is <br />attached to the improvements so as to constitute a fixture, including, but not limited to, heating <br />and cooling equipment and together with the homestead or marital interests, if any, which <br />interests are hereby released and waived, all of which, including replacements and additions <br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust <br />and all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust secures performance of a Loan Assumption Agreement of even date <br />herewith (hereinafter referred to as "Debt ") which obligates Borrower to perform all of the <br />requirements of a Promissory Note and Deed of Trust dated August 4, 2003, in the original <br />principal amount of Eighty -Nine Thousand and No /100 Dollars ($89,000.00) with a stated <br />maturity date of September 1, 2013. This Debt shall include any and all modifications, <br />extensions and renewals thereof or thereto and any and all future advances and re- advances to <br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes <br />or credit agreements (herein called "Note "). <br />This Deed of Trust secures to Lender the Debt evidenced by said Note, the payment of all <br />other sums, with interest, advanced under the provisions hereafter to protect the security and the <br />performance of Borrower's covenants and agreements. <br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal <br />power and lawful authority to convey the same and warrants and will defend title to the real <br />estate against the lawful claims of all persons. <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1. Borrower shall pay when due, the principal and interest as provided in said Note. <br />2. All payments received by Lender shall be first applied to advances that may have been <br />made by Lender and then to interest due and last to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against the <br />Property before the same become delinquent. <br />4. Borrower shall keep the improvements on said Property insured against loss by fire <br />and hazards included with the term "extended coverage" for their insurable value and policies for <br />the same shall include a standard mortgage clause showing Lender herein. In event of loss, <br />Lender may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be <br />applied to restoration or repair of the Property damaged, unless both parties otherwise agree, <br />except if restoration or repair is not economically feasible or Lender's security is not lessened, <br />otherwise said proceeds shall be paid on the debt herein, whether or not then due. <br />M n In <br />(� <br />C: ff7 C^ U C7 <br />a `; <br />. <br />v <br />n -= o <br />o <br />q <br />C) f� ZB <br />co <br />cal <br />� <br />►--' <br />~ v <br />co <br />Co <br />Cn <br />DEED OF TRUST Cn <br />oZ <br />THIS DEED OF TRUST is made on this Z��day of 2004. The Trustor <br />(whether one or more) is NING YANG, whose address for purposes of notices in respect to this <br />Deed of Trust is 2209 Macron Street, Grand Island, NE 68803 and is sometimes herein <br />identified as Borrower. The Trustee is Arend R. Baack, Attorney at Law and member of the <br />Nebraska State Bar Association, whose address is 104 N. Wheeler, P.O. Box 790, Grand Island, <br />NE 68802 -0790. The Beneficiary is YUN G. YANG and KE QIAO, Husband and Wife, whose <br />address for purposes of notification under this Deed of Trust is (Pte I D,�iJt ST <br />���v�,vr✓ der. , ��prff� and is sometimes herein identified as Lender. <br />BORROWER IRREVOCABLY CONVEYS TO TRUSTEE, IN TRUST, WITH <br />POWER OF SALE, THE FOLLOWING: <br />Lot Seventeen (17), Jeffrey Oaks Eighth Subdivision, in the City of Grand Island, <br />Hall County, Nebraska; <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, <br />rights, privileges and appurtenances located thereon or in anywise pertaining thereto, and the <br />rents, issues and profits, reversions and remainders thereof, and such personal property that is <br />attached to the improvements so as to constitute a fixture, including, but not limited to, heating <br />and cooling equipment and together with the homestead or marital interests, if any, which <br />interests are hereby released and waived, all of which, including replacements and additions <br />thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust <br />and all of the foregoing being referred to herein as the "Property ". <br />This Deed of Trust secures performance of a Loan Assumption Agreement of even date <br />herewith (hereinafter referred to as "Debt ") which obligates Borrower to perform all of the <br />requirements of a Promissory Note and Deed of Trust dated August 4, 2003, in the original <br />principal amount of Eighty -Nine Thousand and No /100 Dollars ($89,000.00) with a stated <br />maturity date of September 1, 2013. This Debt shall include any and all modifications, <br />extensions and renewals thereof or thereto and any and all future advances and re- advances to <br />Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes <br />or credit agreements (herein called "Note "). <br />This Deed of Trust secures to Lender the Debt evidenced by said Note, the payment of all <br />other sums, with interest, advanced under the provisions hereafter to protect the security and the <br />performance of Borrower's covenants and agreements. <br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal <br />power and lawful authority to convey the same and warrants and will defend title to the real <br />estate against the lawful claims of all persons. <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1. Borrower shall pay when due, the principal and interest as provided in said Note. <br />2. All payments received by Lender shall be first applied to advances that may have been <br />made by Lender and then to interest due and last to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against the <br />Property before the same become delinquent. <br />4. Borrower shall keep the improvements on said Property insured against loss by fire <br />and hazards included with the term "extended coverage" for their insurable value and policies for <br />the same shall include a standard mortgage clause showing Lender herein. In event of loss, <br />Lender may make proof of loss if not promptly made by Borrower. Insurance proceeds shall be <br />applied to restoration or repair of the Property damaged, unless both parties otherwise agree, <br />except if restoration or repair is not economically feasible or Lender's security is not lessened, <br />otherwise said proceeds shall be paid on the debt herein, whether or not then due. <br />