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THIS DEED OF TRUST, made March 21, 2002 <br />by and among WILLIAM BECK AND AMBER BECK, HUSBAND AND WIFE <br />(herein "Trustor "); and MICHEAL KIVETT ^� <br />whose mailing address 11240 DAVENPORT ST, OMAHA, NE 68154 <br />(herein "Trustee"); and CITIFINANCIAL MORTGAGE <br />whose mailing address is 8801 University Ave Ste 5B, Clive, Iowa 50325 <br />(herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of_B @rleficiary, under and subject to the terms and conditions of this Deed of <br />Trust, the following described real property, located in BALL <br />County, Nebraska: Q <br />LOT FIVE (5), BLOCK ELEVEN (11), ORIGINAL TOWN OF A t RALL COUNTY, NEBRASKA. <br />BY FEE SIMPLE DEED FROM LON L. LOY AND CHRISTI R. LOY, HUSBAND AND WIFE, AS SET FORTH AS INST # <br />0200010944, DATED 12/15/2000 AND RECORDED 12/19/2000, HALL COUNTY RECORDS, STATE OF NEBRASKA. <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or <br />subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest <br />or Trustor thereunder, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire <br />in the real property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas <br />rights and profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any <br />land lying within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, <br />and appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement' or "Improvements "); <br />and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu thereof, of the whole or any <br />part of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the <br />"Property". <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Promissory Note of even date herewith executed by Trustor in the principal sum of <br />Forty Seven Thousand One Hundred Thirty Seven and 1/100 <br />Dollars ($ 47,137.01 ),together with any future advances and interest at the rate or rates provided therein, (herein <br />"Note" or "Notes ") and any and all renewals, modifications and extensions of such Note, both principal and interest on the Note <br />being payable in accordance with the terms set forth therein, reference to which is hereby made. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of <br />this Deed of Trust. <br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY CONVENANTS AND AGREES AS <br />FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Deed of Trust. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property <br />hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances <br />except liens now of record; and Trustor will warrant and defend the title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and condition and shall <br />not commit waste or permit impairment or deterioration of the Property hall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished <br />without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions <br />and restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any <br />law, ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike <br />manner any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed <br />and materials furnished therefore and for any alterations thereof. <br />ITEM 252881-1(0003) <br />D <br />M I <br />2 <br />M On <br />D <br />t'1 <br />X <br />O <br />n <br />N <br />O —1 <br />O <br />c n <br />� <br />Z <br />N <br />M <br />rn <br />� <br />M. <br />--( rr; <br />O <br />O <br />CD <br />co <br />D co <br />O <br />.® <br />� <br />n <br />cn <br />c- <br />N <br />C/1 <br />W, <br />co <br />cn <br />DEED OF TRUST <br />THIS DEED OF TRUST, made March 21, 2002 <br />by and among WILLIAM BECK AND AMBER BECK, HUSBAND AND WIFE <br />(herein "Trustor "); and MICHEAL KIVETT ^� <br />whose mailing address 11240 DAVENPORT ST, OMAHA, NE 68154 <br />(herein "Trustee"); and CITIFINANCIAL MORTGAGE <br />whose mailing address is 8801 University Ave Ste 5B, Clive, Iowa 50325 <br />(herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, <br />WITH POWER OF SALE, for the benefit and security of_B @rleficiary, under and subject to the terms and conditions of this Deed of <br />Trust, the following described real property, located in BALL <br />County, Nebraska: Q <br />LOT FIVE (5), BLOCK ELEVEN (11), ORIGINAL TOWN OF A t RALL COUNTY, NEBRASKA. <br />BY FEE SIMPLE DEED FROM LON L. LOY AND CHRISTI R. LOY, HUSBAND AND WIFE, AS SET FORTH AS INST # <br />0200010944, DATED 12/15/2000 AND RECORDED 12/19/2000, HALL COUNTY RECORDS, STATE OF NEBRASKA. <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or <br />subleases covering the real property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest <br />or Trustor thereunder, all interests, estate or other claims, both in law and in equity, which Trustor now has or may hereafter acquire <br />in the real property; all easements, rights -of -way, tenements, hereditaments and appurtenances thereof and thereto; all oil and gas <br />rights and profits, water rights and water stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any <br />land lying within the right -of -way of any street or highway adjoining the real property; any and all buildings, fixtures, improvements, <br />and appurtenances now or hereafter erected thereon or belonging thereto, (herein referred to as "Improvement' or "Improvements "); <br />and any and all awards made for the taking by eminent domain, or by an proceeding or purchase in lieu thereof, of the whole or any <br />part of the real property. All of the foregoing estate, property and interest conveyed to Trustee herein collectively referred to as the <br />"Property". <br />FOR THE PURPOSE OF SECURING: <br />(a) The payment of indebtedness evidenced by Promissory Note of even date herewith executed by Trustor in the principal sum of <br />Forty Seven Thousand One Hundred Thirty Seven and 1/100 <br />Dollars ($ 47,137.01 ),together with any future advances and interest at the rate or rates provided therein, (herein <br />"Note" or "Notes ") and any and all renewals, modifications and extensions of such Note, both principal and interest on the Note <br />being payable in accordance with the terms set forth therein, reference to which is hereby made. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of <br />this Deed of Trust. <br />A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY CONVENANTS AND AGREES AS <br />FOLLOWS: <br />1. PAYMENT OF PRINCIPAL AND INTEREST. Trustor shall promptly pay when due the principal of and interest on the <br />indebtedness evidenced by the Note, and all other charges and fees as provided in the Note, and the principal of and interest on any <br />Future Advances secured by this Deed of Trust. <br />2. WARRANTY OF TITLE. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property <br />hereby conveyed and has the right to grant and convey the Property; the Property is free and clear of all liens and encumbrances <br />except liens now of record; and Trustor will warrant and defend the title to the Property against all claims and demands. <br />3. MAINTENANCE AND COMPLIANCE WITH LAWS. Trustor shall keep the Property in good repair and condition and shall <br />not commit waste or permit impairment or deterioration of the Property hall comply with the provisions of any lease if this Deed of <br />Trust is on a leasehold. No improvement now or hereafter erected upon the Property shall be altered, removed or demolished <br />without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions <br />and restrictions affecting the Property and not commit, suffer or permit any act to be done in or upon the Property in violation of any <br />law, ordinance, regulation, covenant, condition or restriction. Trustor shall complete or restore promptly and in good workmanlike <br />manner any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed <br />and materials furnished therefore and for any alterations thereof. <br />ITEM 252881-1(0003) <br />