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<br />TRUST DEED o cn
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<br />THIS TRUST DEED is made and entered into this ,; n day of February, 2002 by and between
<br />Gary Eilenstine and Linda L. Eilenstine, husband and wife, TRUSTOR, whether one or more; and Fidelity
<br />—_
<br />National Title Insurance Company, TRUSTEE, and Johnson Cash -Way Lumber Company, BENEFICIARY,
<br />whether one or more.
<br />WITNESSETH: That the Trustor does by these presents grant, bargain, sell, convey and confirm
<br />unto the Trustee, the Power of Sale, the following described including
<br />real estate all buildings, improvements,
<br />and fixtures of every kind now or hereafter erected or placed on the real estate situated in Hall County,
<br />Nebraska, described as:
<br />Lot Nine (9), Block One (1), Pleasant View Twelfth Subdivision in the City of Grand Island, Hall
<br />County, Nebraska.
<br />In the event of the sale, transfer or conveyance of the above - described property to any third party,
<br />all sums secured hereby shall be at once due and payable.
<br />TO HAVE AND HOLD the same, with all rights, privileges, and appurtenances thereunto belonging,
<br />unto the Trustee, his executors, administrators, heirs and assigns forever. And the Trustor hereby expressly
<br />waives, releases, and relinquishes unto the Trustee all right, title, claim, interest, benefit and estate whatever,
<br />in and to the above described premises and each and every part thereof, which is given by or results from all
<br />laws of the State of Nebraska pertaining to the exemption of homestead. And the Trustor covenants with the
<br />Trustee that he will forever warrant and defend the title to the same against the lawful claims of all persons
<br />whomsoever.
<br />IN TRUST, HOWEVER, for the following described purposes; WHEREAS, the Trustor did on this
<br />date execute a Promissory Note evidencing a loan for the principal sum of $18,450.00 and interest thereon
<br />according to the terms of said Promissory Note, being payable in One Installment at such place as Beneficiary
<br />may designate in writing from time to time. Notwithstanding any provision contained herein or in said
<br />Promissory Note to the contrary, if not sooner paid, all sums due and owing under the terms of said Note shall
<br />be paid on the 15th day of February, 2003.
<br />In the event of default, Beneficiary's remedies shall not be limited to those provided for herein. This
<br />Trust Deed may be foreclosed in the manner prescribed by law for foreclosure of mortgages.
<br />IT IS AGREED by and between the parties hereto that the Trustor shall: (1) pay all present and
<br />future taxes and assessments, general and special, against said property before the same become delinquent or
<br />actionable; (2) keep all improvements created on the land insured as may be required from time to time by
<br />the Beneficiary against loss by fire and other hazards, casualties and contingencies, in such amounts for such
<br />periods as are reasonable and may be required by the Beneficiary, and to keep all policies of such insurance
<br />in force and effect and delivered to the Beneficiary and naming Trustor and Bendfciary as loss payees, as
<br />their intrests may appear; (3) pay and comply with all of the terms and conditions of any lien, claim or
<br />indebtedness that may be senior to and take precedence over this Trust Deed as soon as such paymenton or of
<br />such lien, claim or indebtedness shall become due; and upon failure of the Trustor to keep any of said
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