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CD <br />\ ' N <br />+ —{ <br />` CDO <br />5 <br />o <br />c.a <br />C) cr, <br />C) —i <br />C X> <br />M <br />o -n <br />_, <br />r <br />r rr <br />cn <br />cn <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. <br />0 <br />N <br />0 <br />0 <br />N <br />t•-' <br />F—' <br />rn <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 <br />/6 <br />I- r1- <br />CD <br />a <br />w <br />•n <br />T <br />Z <br />1 <br />7 <br />X <br />�' <br />W <br />� <br />a <br />CD <br />\ ' N <br />+ —{ <br />` CDO <br />5 <br />o <br />c.a <br />C) cr, <br />C) —i <br />C X> <br />M <br />o -n <br />_, <br />r <br />r rr <br />cn <br />cn <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. <br />0 <br />N <br />0 <br />0 <br />N <br />t•-' <br />F—' <br />rn <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 <br />/6 <br />I- r1- <br />CD <br />a <br />