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?� a 200306603 NEBRASKA DEED OF TRUST 0 (With Power of Sale) THIS DEED OF TRUST, made this 14TH day of MAY 2003 ''SO between BOBBY L ROYLE BY HIS ATTORNEY IN FACT JEANETTE L. ROYLE AND JEANETTE L. ROYLE HUSBAND AND WIFF. whose mailing address is 2115 VIKING ROAD, GRAND ISLAND, NE 68803 , as Trustors.FIRST AMERICAN TITLE INSURANCE COMPANY whose mailing address is 1055 N 1 15TH STREET STE 300, OMAHA, NE 68154 Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 N WEBB ROAD, GRAND ISLAND, NE 68803 as , as Beneficiary, WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described property in HALL County, Nebraska: LOT 42, LE HEIGHTS FOURTH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits thereof. This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' promissory note of even date in the amount of $ 132, 384. 00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the entire unpaid balance of said loan at once due and payable, less any required rebate of charges. To protect the security of this Deed of Trust, Trustor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any such sale, conveyance or transfer without the Beneficfai+ ,'s written consent shall constitute a default under the terms hereof. 5. To defend any action or proceeding purpmi ng.to affect the security hereof or the rights or powers of Beneficiary or Trustee. 6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. NE- 991 -0700 Y i e ; F-.a wc> Cr., rn ^ O O W Vf �'. z' C:.J O 1 U> w NEBRASKA DEED OF TRUST 0 (With Power of Sale) THIS DEED OF TRUST, made this 14TH day of MAY 2003 ''SO between BOBBY L ROYLE BY HIS ATTORNEY IN FACT JEANETTE L. ROYLE AND JEANETTE L. ROYLE HUSBAND AND WIFF. whose mailing address is 2115 VIKING ROAD, GRAND ISLAND, NE 68803 , as Trustors.FIRST AMERICAN TITLE INSURANCE COMPANY whose mailing address is 1055 N 1 15TH STREET STE 300, OMAHA, NE 68154 Trustee, and Wells Fargo Financial Nebraska, Inc., whose mailing address is 2319 N WEBB ROAD, GRAND ISLAND, NE 68803 as , as Beneficiary, WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following described property in HALL County, Nebraska: LOT 42, LE HEIGHTS FOURTH SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues and profits thereof. This conveyance is intended for the purpose of securing the payment to Beneficiary of Trustors' promissory note of even date in the amount of $ 132, 384. 00 (Total of Payments). Said Total of Payments is repayable according to the terms of said note. Payment may be made in advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand, render the entire unpaid balance of said loan at once due and payable, less any required rebate of charges. To protect the security of this Deed of Trust, Trustor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the Trustor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust or cure or waive any default or notice of default or invalidate any act done pursuant to such notice. In the event of foreclosure, all rights of the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof and any such sale, conveyance or transfer without the Beneficfai+ ,'s written consent shall constitute a default under the terms hereof. 5. To defend any action or proceeding purpmi ng.to affect the security hereof or the rights or powers of Beneficiary or Trustee. 6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. NE- 991 -0700 Y i e ;