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F - -?0 .sd <br />This DEED OF TRUST, is made as of the 1St day of September, 2004, by and among Dondo <br />Enterprises, L.L.C., a Nebraska Limited Liability Company ( "Trustor "), whose mailing address <br />is P.O. Box 27, Osceola, Nebraska 68651; Damon T. Bahensky, a member of the Nebraska State <br />Bar Association ( "Trustee ") , whose mailing address is P.O. Box 1600, Kearney, Nebraska 68848- <br />1600; and Kylie J. Kruger ( "Beneficiary "), whose mailing address is 2026 Buckeye Drive, <br />Ingleside, Texas 78362. <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 <br />subject to the terms and conditions of this Deed of Trust, the real property, described as <br />follows (the "Trust Estate "): <br />Lot Three (3), in Block One (1), in Wiebe's Addition to the City of <br />Grand Island, Hall County, Nebraska. <br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in adjoining <br />roads, streets and alleys, improvements and buildings of any kind situated thereon, and all <br />personal property that may be, or hereafter become, an integral part of such buildings and <br />improvements, all crops raised thereon and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred <br />to collectively as the "Trust Estate ". <br />I. FOR THE PURPOSE OF SECURING: <br />A. Payment of indebtedness in the total principal amount of $34,525.00, with interest <br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a <br />maturity date of September 1, 2019, executed by Trustor, which has been delivered and is <br />payable to the order of Beneficiary, and which by this reference is hereby made a part <br />hereof, and any and all modifications, extensions and renewals thereof, and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with <br />interest thereon at the rate of ten percent (10.0 %) per annum. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further <br />secure the payment and performance of any obligation secured hereby are referred to <br />collectively as the "Loan Instruments ". <br />II. TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />A. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />B. TAXES. Trustor shall pay each installment of all taxes and special assessments of <br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before <br />delinquency, without notice or demand, and shall supply Beneficiary with a copy of the <br />receipt of payment upon written request by the Beneficiary. <br />C. INSURANCE AND REPAIRS. Trustor shall pay for and maintain either homeowners or <br />fire and extended coverage insurance insuring the improvements and buildings constituting <br />part of the Trust Estate for an amount no less than the amount of the unpaid principal <br />balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary, and shall not be cancelable, <br />terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor <br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, <br />except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall <br />the Trustor commit waste on or to the Trust Estate. <br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or <br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary <br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and <br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. <br />Should Trustor fail to make any payment or to do any act as and in the manner provided in any <br />of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion, without <br />obligation so to do and without notice to or demand upon Trustor and without releasing <br />Trustor from any obligation, may make or do the same in such manner and to such extent as <br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon <br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in <br />connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. <br />1 <br />rn <br />C1 w.., <br />FTI <br />O <br />_ <br />+.� 1 <br />O <br />C <br />c n <br />N <br />` <br />CA <br />_ <br />--4 m <br />-` ° <br />O <br />n <br />i <br />r <br />o <br />O ! <br />` I <br />A <br />CIO <br />©, <br />C:) <br />rf <br />Cf) <br />CD <br />T <br />N' <br />"' <br />Z <br />DEED <br />OF TRUST <br />c <br />F - -?0 .sd <br />This DEED OF TRUST, is made as of the 1St day of September, 2004, by and among Dondo <br />Enterprises, L.L.C., a Nebraska Limited Liability Company ( "Trustor "), whose mailing address <br />is P.O. Box 27, Osceola, Nebraska 68651; Damon T. Bahensky, a member of the Nebraska State <br />Bar Association ( "Trustee ") , whose mailing address is P.O. Box 1600, Kearney, Nebraska 68848- <br />1600; and Kylie J. Kruger ( "Beneficiary "), whose mailing address is 2026 Buckeye Drive, <br />Ingleside, Texas 78362. <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 <br />subject to the terms and conditions of this Deed of Trust, the real property, described as <br />follows (the "Trust Estate "): <br />Lot Three (3), in Block One (1), in Wiebe's Addition to the City of <br />Grand Island, Hall County, Nebraska. <br />TOGETHER WITH all rents, easements, appurtenances, hereditaments, interest in adjoining <br />roads, streets and alleys, improvements and buildings of any kind situated thereon, and all <br />personal property that may be, or hereafter become, an integral part of such buildings and <br />improvements, all crops raised thereon and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred <br />to collectively as the "Trust Estate ". <br />I. FOR THE PURPOSE OF SECURING: <br />A. Payment of indebtedness in the total principal amount of $34,525.00, with interest <br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a <br />maturity date of September 1, 2019, executed by Trustor, which has been delivered and is <br />payable to the order of Beneficiary, and which by this reference is hereby made a part <br />hereof, and any and all modifications, extensions and renewals thereof, and <br />B. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with <br />interest thereon at the rate of ten percent (10.0 %) per annum. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further <br />secure the payment and performance of any obligation secured hereby are referred to <br />collectively as the "Loan Instruments ". <br />II. TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />A. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as <br />provided in the Loan Instruments. <br />B. TAXES. Trustor shall pay each installment of all taxes and special assessments of <br />every kind, now or hereafter levied against the Trust Estate or any part thereof, before <br />delinquency, without notice or demand, and shall supply Beneficiary with a copy of the <br />receipt of payment upon written request by the Beneficiary. <br />C. INSURANCE AND REPAIRS. Trustor shall pay for and maintain either homeowners or <br />fire and extended coverage insurance insuring the improvements and buildings constituting <br />part of the Trust Estate for an amount no less than the amount of the unpaid principal <br />balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary, and shall not be cancelable, <br />terminable or modifiable without ten (10) days prior written notice to Beneficiary. Trustor <br />shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, <br />except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall <br />the Trustor commit waste on or to the Trust Estate. <br />D. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or <br />proceeding purporting to affect the security hereof or the rights or powers of Beneficiary <br />or Trustee, and shall pay all costs and expenses, including cost of evidence of title and <br />attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. <br />Should Trustor fail to make any payment or to do any act as and in the manner provided in any <br />of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion, without <br />obligation so to do and without notice to or demand upon Trustor and without releasing <br />Trustor from any obligation, may make or do the same in such manner and to such extent as <br />either may deem necessary to protect the security hereof. Trustor shall, immediately upon <br />demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in <br />connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees. <br />1 <br />