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<br />DEED OF TRUST
<br />(Short Form)
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<br />DEED OF TRUST
<br />(Short Form)
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<br />KNOW ALL MEN BY THESE PRESENTS: that James A. Martinez, a single person
<br />hereinafter referred to as the " Trustor", to secure a Cross Collateral and Cross Default Agreement
<br />bearing even date herewith for a combined principal amount of ONE HUNDRED NINETY FIVE
<br />THOUSAND ONE HUNDRED SIXTY TWO DOLLARS AND 29/100 ($195.162.29) payable to the order
<br />of AXIS CAPITAL, INC., hereinafter referred to as the "Beneficiary ", providing for the payment of the entire
<br />principal balance, together with interest, in combined monthly installments of FOUR THOUSAND FOUR
<br />HUNDRED SEVENTY EIGHT Dollars AND 72/100 ($4,478.72) until June of 2010, at which time all principal
<br />and interest provided for by the transactions on the Agreement shall have been paid, do hereby grant and convey
<br />unto AREND R. BAACK, Attorney at Law, the "Trustee ", the following- described property:
<br />A Tract of Land Comprising All of Lot 2, Toukan 4"' Subdivision in the City of
<br />Grand Island, Hall County, Nebraska,
<br />TO HAVE AND TO HOLD the same, together with all appurtenances, in trust nevertheless, and in case
<br />of default in the payment of said Note or any part thereof or interest thereon or in the performance of any
<br />covenant hereinafter set fourth, then the Trustee shall have the power to sell the above - described property, and
<br />upon request of the Beneficiary, the Trustee shall file for record in the Register of Deeds' Office of Hall County,
<br />Nebraska, a Notice of Default, setting forth that a breach of an obligation, for which the said property was
<br />conveyed as security, has occurred, and setting forth the nature of such breach and the Trustee's election to sell
<br />the property to satisfy the obligation; and after the lapse of not less than on (1) month, the Trustee shall give
<br />written notice of the time and place of sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at
<br />Hall County, Nebraska, once a week for five (5) consecutive weeks, the last publication to be at least ten (10)
<br />days but not more than thirty (30) days prior to the sale; and the Trustee shall then sell said property at the time
<br />and place designated in the Notice, in the manner provided by law in effect at the time of filing said Notice, and
<br />public auction to the highest bidder for cash and shall deliver to such purchaser a deed to the property sold,
<br />consistent with the law in effect at that time. Additionally, Trustee shall mail Trustor a copy of any Notice of
<br />Default and Notice of Sale hereunder upon default addressed to them at 1304 W 2nd St. Grand Island, NE 68801.
<br />Out of the proceeds of said sale, the Trustee shall retain and pay first all fees, charges and costs of sale and all
<br />monies advanced in the exercise of the power of sale, including the payment of the Trustee's fees actually
<br />incurred, and pay second the obligations secured by this Deed of Trust; and the balance, if any, shall be paid to
<br />the person or persons legally entitled thereto. Any person, including the Beneficiary, may purchase said property
<br />at such sale.
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<br />KNOW ALL MEN BY THESE PRESENTS: that James A. Martinez, a single person
<br />hereinafter referred to as the " Trustor", to secure a Cross Collateral and Cross Default Agreement
<br />bearing even date herewith for a combined principal amount of ONE HUNDRED NINETY FIVE
<br />THOUSAND ONE HUNDRED SIXTY TWO DOLLARS AND 29/100 ($195.162.29) payable to the order
<br />of AXIS CAPITAL, INC., hereinafter referred to as the "Beneficiary ", providing for the payment of the entire
<br />principal balance, together with interest, in combined monthly installments of FOUR THOUSAND FOUR
<br />HUNDRED SEVENTY EIGHT Dollars AND 72/100 ($4,478.72) until June of 2010, at which time all principal
<br />and interest provided for by the transactions on the Agreement shall have been paid, do hereby grant and convey
<br />unto AREND R. BAACK, Attorney at Law, the "Trustee ", the following- described property:
<br />A Tract of Land Comprising All of Lot 2, Toukan 4"' Subdivision in the City of
<br />Grand Island, Hall County, Nebraska,
<br />TO HAVE AND TO HOLD the same, together with all appurtenances, in trust nevertheless, and in case
<br />of default in the payment of said Note or any part thereof or interest thereon or in the performance of any
<br />covenant hereinafter set fourth, then the Trustee shall have the power to sell the above - described property, and
<br />upon request of the Beneficiary, the Trustee shall file for record in the Register of Deeds' Office of Hall County,
<br />Nebraska, a Notice of Default, setting forth that a breach of an obligation, for which the said property was
<br />conveyed as security, has occurred, and setting forth the nature of such breach and the Trustee's election to sell
<br />the property to satisfy the obligation; and after the lapse of not less than on (1) month, the Trustee shall give
<br />written notice of the time and place of sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at
<br />Hall County, Nebraska, once a week for five (5) consecutive weeks, the last publication to be at least ten (10)
<br />days but not more than thirty (30) days prior to the sale; and the Trustee shall then sell said property at the time
<br />and place designated in the Notice, in the manner provided by law in effect at the time of filing said Notice, and
<br />public auction to the highest bidder for cash and shall deliver to such purchaser a deed to the property sold,
<br />consistent with the law in effect at that time. Additionally, Trustee shall mail Trustor a copy of any Notice of
<br />Default and Notice of Sale hereunder upon default addressed to them at 1304 W 2nd St. Grand Island, NE 68801.
<br />Out of the proceeds of said sale, the Trustee shall retain and pay first all fees, charges and costs of sale and all
<br />monies advanced in the exercise of the power of sale, including the payment of the Trustee's fees actually
<br />incurred, and pay second the obligations secured by this Deed of Trust; and the balance, if any, shall be paid to
<br />the person or persons legally entitled thereto. Any person, including the Beneficiary, may purchase said property
<br />at such sale.
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