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200303353 <br />D. Pay all taxes and assessments against the above - described real estate and, at <br />least annually, provide proof of payment of such to Beneficiary. <br />4. Default & Subordination: Trustor covenants and agrees that its failure to make <br />any payment of either principal or interest on the Promissory Note secured hereby when <br />due and payable, or of its failure to comply with any of the covenants of said Promissory <br />Note or this Deed of Trust, shall cause the whole sum of money hereby secured to <br />become due and collectible at once at the option of the Beneficiary, and the Beneficiary <br />shall have the right to cause Notice of Default to be given and the premises sold as <br />provided herein. <br />The lien of this Deed of Trust is and remains secondary and inferior to the lien <br />securing payment of a promissory note in the principal amount of $68,635.33 executed <br />by Carlos A. Gonzalez Zepeda and Patricia J. Gonzalez, husband and wife, payable to <br />Home Federal Savings and Loan Association of Grand Island. and dated 2003, <br />which is more fully described in a Deed of Trust recorded in the office of the Register of <br />Deeds of Hall County, Nebraska as Instrument No. . Trustor agrees that <br />if default is made in paying said note, or any part of it, principal or interest, as it shall <br />become due, or in performing any of the covenants of the Deed of Trust securing the <br />payment of said note, the indebtedness evidenced by the note secured by this Deed of <br />Trust shall, at the option of Beneficiary, become immediately due and payable on written <br />notice. Furthermore, Beneficiary agrees not to declare a default under the terms of this <br />Deed of Trust so long as the lien evidencing said promissory note payable to Home <br />Federal Savings & Loan Association of Grand Island, and the deed of trust securing the <br />same, shall remain unpaid. <br />5. It is Mutually Agreed That <br />A. Trustee's Ordinary Duties: At anytime and from time to time, upon written <br />request of the Beneficiary, payment of fees and presentation of this Deed of Trust <br />and the Promissory Note for endorsement (in case of full reconveyance, for <br />cancellation and retention), without affecting the liability of any person for the <br />payment of this indebtedness, Trustee shall (a) consent to the making of any map <br />or plat of said property; (b) join in granting any easement or creating any <br />restriction thereof; (c) join in any subordination or other agreement affecting this <br />Deed of Trust or the lien or charge thereto; (d) reconvey, without warranty, all or <br />any part of said property. <br />B. Reconveyance: When the obligation secured by this Deed of Trust has been <br />satisfied, the Trustee shall, upon written request by the Beneficiary, reconvey the <br />trust property. The Grantee in any reconveyance shall be the Truster or it <br />successor in interest. The Beneficiary shall deliver to the Trustor the Deed of <br />Trust and the promissory Note shown as satisfied and paid in full. In the event the <br />Beneficiary improperly refuses to request a reconveyance from the Trustee, the <br />Trustor shall have the rights and remedies as set forth in Section 76 -1014 of the <br />Nebraska Statues as the same as constituted at the time this Deed of Trust is <br />executed. <br />C. Default and Deficiency Judgement Procedure: Upon default by Trustor in the <br />payment of any indebtedness secured hereby or in the performance of any <br />agreement hereunder, Beneficiary may declare all sums secured hereby <br />immediately due and payable by delivery to Trustee or a written declaration of <br />default. If Beneficiary desires said property be sold, it shall deposit with Trustee <br />this Deed of Trust and all Promissory Notes and documents evidencing <br />expenditures secured hereby, and shall deliver to Trustee, a written Notice of <br />Default and election to cause said property to be sold in the form required by law <br />which shall be duly filed for record by the Trustee. Sale and distribution <br />procedure shall be as follows: <br />2of5 <br />