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n <br />s <br />M <br />Inc Zr <br />200205029 DEED OF TRUST <br />rn <br />0 <br />m <br />O <br />cc <br />n <br />C <br />N <br />co <br />p� <br />{ <br />N <br />O <br />t <br />s <br />�., <br />T <br />C0 <br />= <br />N <br />•— <br />n <br />s <br />M <br />Inc Zr <br />200205029 DEED OF TRUST <br />THIS TRUST DEED made this _h- day of May, 2002, between <br />GALEN E. GERDES and TAMMY GERDES, Husband and Wife, as TRUSTORS, <br />whose address is 2116 Independence Avenue, Grand Island, Nebraska <br />68803; WILLIAM A. FRANCIS, A Member of the Nebraska State Bar <br />Association, as TRUSTEE, whose address is 222 N. Cedar Street, P.O. <br />Box 2280, Grand Island, Nebraska 68802; and DAVID WETHERILT and <br />SUSAN WETHERILT, Husband and Wife, of 419 S. Clay Street, Grand <br />Island, NE 68803, hereinafter collectively referred to as <br />BENEFICIARIES. <br />WITNESSETH: <br />That TRUSTORS hereby grant, bargain, sell, convey and warrant <br />to TRUSTEE, IN TRUST, his successors and assigns, with power of <br />sale, the following- described real property: <br />Lot Four (4), Block Sixty -Four (64), Original Town, Now <br />City of Grand Island, Hall County, Nebraska, <br />together with all buildings, improvements and appurtenances <br />thereon. <br />The TRUSTORS hereby covenant and agree with the TRUSTEE and <br />BENEFICIARIES that GALEN E. GERDES and TAMMY GERDES, Husband and <br />Wife, are lawfully seized and the owners of the above - described <br />property; that they have good right and lawful authority to sell <br />and convey said premises and that said premises are free and clear <br />of all liens and encumbrances, except a first mortgage to EQUITABLE <br />FEDERAL SAVINGS BANK, and further, that TRUSTORS will warrant and <br />defend the title to said premises forever against the claims of all <br />persons whomsoever. <br />For the purpose of securing performance of each agreement of <br />TRUSTORS herein contained and the payment of a Promissory Note in <br />the amount of SEVENTY -THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS <br />($73,750.00), the TRUSTORS have executed a Promissory Note bearing <br />even date, at the rate of interest of 7.75% on the terms and <br />conditions as set forth in such Note until paid. The principal sum <br />and interest shall be payable in accordance with and upon the terms <br />and conditions of said Note of even date, and in any event the <br />entire principal balance due hereunder and any accrued interest <br />shall be paid on May 1, 2022. All installment payments hereunder <br />shall be applied first to the payment of interest computed annually <br />on the unpaid balance, pursuant to an amortization schedule, a copy <br />of which has been provided to each of the parties hereto, and <br />remainder of each payment of each installment to be applied to <br />principal. All payments due hereunder shall be paid at the <br />residence of the BENEFICIARIES or the holder of said security shall <br />designate in writing. <br />It is agreed by and between the parties hereto that while <br />title is vested in the TRUSTEE and until filing of Notice of <br />Default, the TRUSTORS shall: <br />A. Retain possession of the property at all times, except as may <br />be otherwise agreed by the parties in writing. <br />c <br />rn <br />0 <br />Co in <br />O <br />cc <br />N <br />N <br />co <br />{ <br />o <br />O <br />®, <br />T <br />C0 <br />= <br />N <br />•— <br />d <br />C= <br />M <br />rPK <br />C17 <br />CIO <br />o <br />N <br />C^3 <br />f» <br />4p <br />C& <br />, <br />THIS TRUST DEED made this _h- day of May, 2002, between <br />GALEN E. GERDES and TAMMY GERDES, Husband and Wife, as TRUSTORS, <br />whose address is 2116 Independence Avenue, Grand Island, Nebraska <br />68803; WILLIAM A. FRANCIS, A Member of the Nebraska State Bar <br />Association, as TRUSTEE, whose address is 222 N. Cedar Street, P.O. <br />Box 2280, Grand Island, Nebraska 68802; and DAVID WETHERILT and <br />SUSAN WETHERILT, Husband and Wife, of 419 S. Clay Street, Grand <br />Island, NE 68803, hereinafter collectively referred to as <br />BENEFICIARIES. <br />WITNESSETH: <br />That TRUSTORS hereby grant, bargain, sell, convey and warrant <br />to TRUSTEE, IN TRUST, his successors and assigns, with power of <br />sale, the following- described real property: <br />Lot Four (4), Block Sixty -Four (64), Original Town, Now <br />City of Grand Island, Hall County, Nebraska, <br />together with all buildings, improvements and appurtenances <br />thereon. <br />The TRUSTORS hereby covenant and agree with the TRUSTEE and <br />BENEFICIARIES that GALEN E. GERDES and TAMMY GERDES, Husband and <br />Wife, are lawfully seized and the owners of the above - described <br />property; that they have good right and lawful authority to sell <br />and convey said premises and that said premises are free and clear <br />of all liens and encumbrances, except a first mortgage to EQUITABLE <br />FEDERAL SAVINGS BANK, and further, that TRUSTORS will warrant and <br />defend the title to said premises forever against the claims of all <br />persons whomsoever. <br />For the purpose of securing performance of each agreement of <br />TRUSTORS herein contained and the payment of a Promissory Note in <br />the amount of SEVENTY -THREE THOUSAND SEVEN HUNDRED FIFTY DOLLARS <br />($73,750.00), the TRUSTORS have executed a Promissory Note bearing <br />even date, at the rate of interest of 7.75% on the terms and <br />conditions as set forth in such Note until paid. The principal sum <br />and interest shall be payable in accordance with and upon the terms <br />and conditions of said Note of even date, and in any event the <br />entire principal balance due hereunder and any accrued interest <br />shall be paid on May 1, 2022. All installment payments hereunder <br />shall be applied first to the payment of interest computed annually <br />on the unpaid balance, pursuant to an amortization schedule, a copy <br />of which has been provided to each of the parties hereto, and <br />remainder of each payment of each installment to be applied to <br />principal. All payments due hereunder shall be paid at the <br />residence of the BENEFICIARIES or the holder of said security shall <br />designate in writing. <br />It is agreed by and between the parties hereto that while <br />title is vested in the TRUSTEE and until filing of Notice of <br />Default, the TRUSTORS shall: <br />A. Retain possession of the property at all times, except as may <br />be otherwise agreed by the parties in writing. <br />c <br />