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C > <br />THIS DEED OF TRUST, is made as of the 20th day of May, 2002, by <br />and among, John H. Henrichs and Donna M. Henrichs, husband and wife, \ \� +. <br />( "Trustor ") whose mailing address is 16 Venus, Alda, NE 68810; Gary D. Byrne, <br />a member of the Nebraska State Bar Association, ( "Trustee "), whose mailing 1� <br />address is P.O. Box 929, North Platte, NE 69103 -0929 and Max Heinz, <br />( "Beneficiary "), whose mailing address is 912 Northwest Fargo St., Camas, WA <br />98607. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys <br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Beneficiary, under and subject to the terms and conditions of this <br />Deed of Trust, the real property located in the County of Hall, State of <br />Nebraska, and legally described as follows (the "Property "): <br />Lot 16, argo 4`° M oPo the Village of Alda, Hall County, <br />Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, <br />interests in adjoining roads, streets and alleys, improvements and buildings <br />of any kind situated thereon and all personal property that may be or <br />hereafter become an integral part of such buildings and improvements, all <br />crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the <br />Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of <br />$54,000.00, with interest thereon, as evidenced by that certain promissory <br />note of even date (the "Note ") with a maturity date of May 20, 2009, executed <br />by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the <br />Trust Estate, with interest thereon at the rate of 7.5% per annum, and <br />C. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to <br />evidence or further secure the payment and performance of any obligation <br />secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the <br />principal of, and the interest on, the indebtedness evidenced by the Note, <br />charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and <br />special assessments of every kind, now or hereafter levied against the Trust <br />Estate or any part thereof directly, without notice or demand as each <br />installment comes due and shall provide the Beneficiary with evidence of the <br />payment of the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and <br />extended coverage insurance insuring the improvements and buildings <br />constituting part of the Trust Estate for an amount no less than the amount of <br />the unpaid principal balance of the Note (co- insurance not exceeding 80% <br />permitted). Such insurance policy shall contain a standard mortgage clause in <br />favor of Beneficiary and shall not be cancelable, terminable or modifiable <br />without ten (10) days prior written notice to Beneficiary. Trustor shall <br />furnish Beneficiary a certificate of insurance coverage at Beneficiary's <br />request, with a provision in such certificate that the insurer shall provide <br />Beneficiary ten (10) days advance notice of any cancellation of the policy at <br />any time for any reason, or of expiration of policy without renewal thereof. <br />Trustor shall promptly repair, maintain, and replace the Trust Estate or any <br />part thereof so that, except for ordinary wear and tear, the Trust Estate <br />M <br />n <br />> <br />M Cn <br />n <br />n <br />Z <br />n x <br />o <br />C-, V, <br />rrti <br />M <br />i <br />C7 <br />N <br />C> --q <br />O <br />n <br />I}1 <br />m <br />n <br />rn <br />< O <br />O <br />cm. <br />� � <br />N <br />O -n <br />p <br />`• �`� <br />3> ,n <br />D ,a <br />p <br />rn <br />0 <br />73 <br />r x <br />cn <br />� <br />go <br />20020551E <br />°' <br />� <br />o <br />DEED <br />OF TRUST <br />C > <br />THIS DEED OF TRUST, is made as of the 20th day of May, 2002, by <br />and among, John H. Henrichs and Donna M. Henrichs, husband and wife, \ \� +. <br />( "Trustor ") whose mailing address is 16 Venus, Alda, NE 68810; Gary D. Byrne, <br />a member of the Nebraska State Bar Association, ( "Trustee "), whose mailing 1� <br />address is P.O. Box 929, North Platte, NE 69103 -0929 and Max Heinz, <br />( "Beneficiary "), whose mailing address is 912 Northwest Fargo St., Camas, WA <br />98607. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys <br />and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and <br />security of Beneficiary, under and subject to the terms and conditions of this <br />Deed of Trust, the real property located in the County of Hall, State of <br />Nebraska, and legally described as follows (the "Property "): <br />Lot 16, argo 4`° M oPo the Village of Alda, Hall County, <br />Nebraska. <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, <br />interests in adjoining roads, streets and alleys, improvements and buildings <br />of any kind situated thereon and all personal property that may be or <br />hereafter become an integral part of such buildings and improvements, all <br />crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the <br />Trustee are referred to collectively as the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of <br />$54,000.00, with interest thereon, as evidenced by that certain promissory <br />note of even date (the "Note ") with a maturity date of May 20, 2009, executed <br />by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any <br />and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the <br />Trust Estate, with interest thereon at the rate of 7.5% per annum, and <br />C. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to <br />evidence or further secure the payment and performance of any obligation <br />secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the <br />principal of, and the interest on, the indebtedness evidenced by the Note, <br />charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and <br />special assessments of every kind, now or hereafter levied against the Trust <br />Estate or any part thereof directly, without notice or demand as each <br />installment comes due and shall provide the Beneficiary with evidence of the <br />payment of the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and <br />extended coverage insurance insuring the improvements and buildings <br />constituting part of the Trust Estate for an amount no less than the amount of <br />the unpaid principal balance of the Note (co- insurance not exceeding 80% <br />permitted). Such insurance policy shall contain a standard mortgage clause in <br />favor of Beneficiary and shall not be cancelable, terminable or modifiable <br />without ten (10) days prior written notice to Beneficiary. Trustor shall <br />furnish Beneficiary a certificate of insurance coverage at Beneficiary's <br />request, with a provision in such certificate that the insurer shall provide <br />Beneficiary ten (10) days advance notice of any cancellation of the policy at <br />any time for any reason, or of expiration of policy without renewal thereof. <br />Trustor shall promptly repair, maintain, and replace the Trust Estate or any <br />part thereof so that, except for ordinary wear and tear, the Trust Estate <br />