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DEED OF TRUST
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<br />DEED OF TRUST
<br />THIS TRUST DEED made this 7th day of July 1 2005, between `_ `
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<br />ROBERT L. MARS, a single person, as TRUSTOR, whose address is 311 w. 11th
<br />Street, Grand Island, Nebraska 68801; JOHN M. CUNNINGHAM, a member of the
<br />Nebraska State Bar Association, as TRUSTEE, whose address is 222 N. Cedar St.,
<br />P. 0. Box 2280, Grand Island, Nebraska 68802; and THERESA M. CUMMINGS, a single
<br />person, whose address is 10305 Pryors Gulch Road, Nevada City, CA 95959, as
<br />BENEFICIARY.
<br />WITNESSETH:
<br />That TRUSTOR hereby grants, bargains, sells, conveys and warrants to
<br />TRUSTEE, IN TRUST, his heirs, devisees, personal representatives, successors
<br />and assigns, with power of sale, the following- described real property:
<br />Lot Three (3), Block Twenty Five (25), Russel Wheeler's Addition
<br />to the City of Grand Island, Hall County, Nebraska
<br />together with all improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARY
<br />that he is lawfully seized and the owner of the above - described property; that
<br />he has good right and lawful authority to sell and convey said premises and
<br />that said premises are free and clear of all liens and encumbrances, and
<br />further, that TRUSTOR will warrant and defend the title to said premises
<br />forever against the claims of all persons whomsoever.
<br />For the purpose of securing performance of each agreement of TRUSTOR
<br />herein contained and the payment of THREE THOUSAND FOUR HUNDRED NINETY -FIVE
<br />DOLLARS ($3,495.00), the TRUSTOR has executed a Trust Deed Note bearing even
<br />date, at the rate of interest and on the terms and conditions as set forth in
<br />such Trust Deed Note until paid. The principal sum and interest shall be
<br />payable in accordance with and upon the terms and conditions of said Trust Deed
<br />Note of even date, and in any event the entire principal balance due hereunder
<br />and any accrued interest shall be paid on August 1, 2010. All payments due
<br />hereunder shall be paid at the address of the BENEFICIARY as above described,
<br />or at such other place as such BENEFICIARY or the holders of said security
<br />shall designate in writing. All installment payments hereunder shall be
<br />applied first to the payment of interest on the unpaid balance, pursuant to the
<br />Amortization Schedule, a copy of which has been provided to each of the parties
<br />hereto, and the remainder of each payment of such installment to be applied on
<br />principal.
<br />It is agreed by and between the parties hereto that while title is vested
<br />in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall:
<br />A. Retain possession of the property at all times, except as may be
<br />otherwise agreed by the parties in writing.
<br />B. Maintain the residence and any other improvements located on the
<br />real property in good condition and repair.
<br />C. Pay all general and special taxes and all special assessments of
<br />every kind levied or assessed against or due upon said property
<br />before delinquency, and to deliver to BENEFICIARY copies of
<br />receipts showing payment of such taxes each year.
<br />D. Procure and maintain policies of all -risk insurance on said
<br />improvements, in sums and underwritten by companies acceptable to
<br />the BENEFICIARY, in an amount at least equal to the property's full
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<br />THIS TRUST DEED made this 7th day of July 1 2005, between `_ `
<br />�
<br />ROBERT L. MARS, a single person, as TRUSTOR, whose address is 311 w. 11th
<br />Street, Grand Island, Nebraska 68801; JOHN M. CUNNINGHAM, a member of the
<br />Nebraska State Bar Association, as TRUSTEE, whose address is 222 N. Cedar St.,
<br />P. 0. Box 2280, Grand Island, Nebraska 68802; and THERESA M. CUMMINGS, a single
<br />person, whose address is 10305 Pryors Gulch Road, Nevada City, CA 95959, as
<br />BENEFICIARY.
<br />WITNESSETH:
<br />That TRUSTOR hereby grants, bargains, sells, conveys and warrants to
<br />TRUSTEE, IN TRUST, his heirs, devisees, personal representatives, successors
<br />and assigns, with power of sale, the following- described real property:
<br />Lot Three (3), Block Twenty Five (25), Russel Wheeler's Addition
<br />to the City of Grand Island, Hall County, Nebraska
<br />together with all improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARY
<br />that he is lawfully seized and the owner of the above - described property; that
<br />he has good right and lawful authority to sell and convey said premises and
<br />that said premises are free and clear of all liens and encumbrances, and
<br />further, that TRUSTOR will warrant and defend the title to said premises
<br />forever against the claims of all persons whomsoever.
<br />For the purpose of securing performance of each agreement of TRUSTOR
<br />herein contained and the payment of THREE THOUSAND FOUR HUNDRED NINETY -FIVE
<br />DOLLARS ($3,495.00), the TRUSTOR has executed a Trust Deed Note bearing even
<br />date, at the rate of interest and on the terms and conditions as set forth in
<br />such Trust Deed Note until paid. The principal sum and interest shall be
<br />payable in accordance with and upon the terms and conditions of said Trust Deed
<br />Note of even date, and in any event the entire principal balance due hereunder
<br />and any accrued interest shall be paid on August 1, 2010. All payments due
<br />hereunder shall be paid at the address of the BENEFICIARY as above described,
<br />or at such other place as such BENEFICIARY or the holders of said security
<br />shall designate in writing. All installment payments hereunder shall be
<br />applied first to the payment of interest on the unpaid balance, pursuant to the
<br />Amortization Schedule, a copy of which has been provided to each of the parties
<br />hereto, and the remainder of each payment of such installment to be applied on
<br />principal.
<br />It is agreed by and between the parties hereto that while title is vested
<br />in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall:
<br />A. Retain possession of the property at all times, except as may be
<br />otherwise agreed by the parties in writing.
<br />B. Maintain the residence and any other improvements located on the
<br />real property in good condition and repair.
<br />C. Pay all general and special taxes and all special assessments of
<br />every kind levied or assessed against or due upon said property
<br />before delinquency, and to deliver to BENEFICIARY copies of
<br />receipts showing payment of such taxes each year.
<br />D. Procure and maintain policies of all -risk insurance on said
<br />improvements, in sums and underwritten by companies acceptable to
<br />the BENEFICIARY, in an amount at least equal to the property's full
<br />
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