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<br />NEBRASKA DEED OF TRUST — LINE OF CREDIT 2 0 P 1 i b G 7
<br />(With Power of Sale)
<br />THIS DEED OF TRUST, made this 15 day of October 2002 between
<br />Robert J Poe And Judv A Poe
<br />Husband And Wife, As Joint Tenants , whose mailing address is 424 S Maple,
<br />Grand Island NE 68801 , as Trustors, First American Title Insurance Company
<br />whose mailing address is PO Box 267,114 E. 5th St., Santa Ana, CA 92702 , as Trustee, and Wells Fargo Financial Bank,
<br />whose mailing address is 3201 North 4th Avenue, Sioux Falls, SD 57104, as Beneficiary,
<br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following
<br />described property in Hall County, Nebraska:
<br />LOT 8, BLOCK 12, JOEHNCK'S ADDITION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
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<br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues
<br />and profits thereof.
<br />This conveyance is intended for the purpose of securing the payment to Beneficiary of initial and future advances to Trustor's under
<br />a Credit Card Account Agreement ( "Agreement ") in an amount of principal not to exceed $200,000.00 outstanding at any one time, plus
<br />interest on the principal outstanding from time to time at the rates from time to time provided for thereunder. Payment may be made in
<br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand,
<br />render the entire unpaid balance of said loan at once due and payable, less any required rebate of charges.
<br />To protect the security of this Deed of Trust, Trustor covenants and agrees:
<br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or
<br />improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be
<br />damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the
<br />property.
<br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other
<br />charges, liens or encumbrances impairing the security of this Deed of Trust.
<br />3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other
<br />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
<br />such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the
<br />Trustor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the
<br />Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this
<br />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
<br />foreclosure, all rights of the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale.
<br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof
<br />and any such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof.
<br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee.
<br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against
<br />the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note
<br />secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law.
<br />IT IS MUTUALLY AGREED THAT:
<br />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
<br />such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said
<br />obligation.
<br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt
<br />payment when due of all other sums so secured or to declare default for failure to so pay.
<br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on
<br />written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance
<br />made by the Beneficiary or the person entitled thereto.
<br />NE- 979NOWLINE -0700 (also used by IA) PAGE 1 OF 2
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<br />NEBRASKA DEED OF TRUST — LINE OF CREDIT 2 0 P 1 i b G 7
<br />(With Power of Sale)
<br />THIS DEED OF TRUST, made this 15 day of October 2002 between
<br />Robert J Poe And Judv A Poe
<br />Husband And Wife, As Joint Tenants , whose mailing address is 424 S Maple,
<br />Grand Island NE 68801 , as Trustors, First American Title Insurance Company
<br />whose mailing address is PO Box 267,114 E. 5th St., Santa Ana, CA 92702 , as Trustee, and Wells Fargo Financial Bank,
<br />whose mailing address is 3201 North 4th Avenue, Sioux Falls, SD 57104, as Beneficiary,
<br />WITNESSETH, Trustors hereby irrevocably, grant, bargain, sell, and convey to Trustee in trust, with power of sale, the following
<br />described property in Hall County, Nebraska:
<br />LOT 8, BLOCK 12, JOEHNCK'S ADDITION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA.
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<br />Together with tenements, hereditaments, and appurtenances thereunto belonging or in anywise appertaining and the rents, issues
<br />and profits thereof.
<br />This conveyance is intended for the purpose of securing the payment to Beneficiary of initial and future advances to Trustor's under
<br />a Credit Card Account Agreement ( "Agreement ") in an amount of principal not to exceed $200,000.00 outstanding at any one time, plus
<br />interest on the principal outstanding from time to time at the rates from time to time provided for thereunder. Payment may be made in
<br />advance in any amount at any time. Default in making any payment shall, at the Beneficiary's option and without notice or demand,
<br />render the entire unpaid balance of said loan at once due and payable, less any required rebate of charges.
<br />To protect the security of this Deed of Trust, Trustor covenants and agrees:
<br />1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or
<br />improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be
<br />damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the
<br />property.
<br />2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other
<br />charges, liens or encumbrances impairing the security of this Deed of Trust.
<br />3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other
<br />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
<br />such companies as the Beneficiary may approve and have loss payable first to the Beneficiary as its interest may appear and then to the
<br />Trustor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the
<br />Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this
<br />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
<br />foreclosure, all rights of the Trustor in insurance policies then in force shall pass to the purchaser at the foreclosure sale.
<br />4. To obtain the written consent of Beneficiary before selling, conveying or otherwise transferring the property or any part thereof
<br />and any such sale, conveyance or transfer without the Beneficiary's written consent shall constitute a default under the terms hereof.
<br />5. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee.
<br />6. Should Trustor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against
<br />the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note
<br />secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust as permitted by law.
<br />IT IS MUTUALLY AGREED THAT:
<br />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
<br />such portion thereof as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said
<br />obligation.
<br />2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt
<br />payment when due of all other sums so secured or to declare default for failure to so pay.
<br />3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on
<br />written request of the Trustor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance
<br />made by the Beneficiary or the person entitled thereto.
<br />NE- 979NOWLINE -0700 (also used by IA) PAGE 1 OF 2
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