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KNOW ALL MEN BY THESE PRESENTS: that Encinger Properties, LLC, A <br />Limited Liability Company, hereinafter referred to as "Trustor ", to secure a note of even <br />date herewith for the principal amount of One Hundred Seventy Thousand Dollars <br />($170,000.00) payable to the order of Theresa A. Scarborough, whose address is: 2748 <br />O'Flannagan Street, Grand Island, Nebraska 68803, hereinafter referred to as "Beneficiary ", <br />providing for payment of the entire principal balance, together with interest at the rate of <br />five and three - fourths percent (5 3/4 %) per annum, all in accordance with a Deed of Trust <br />Note executed on )quu u5t I , 2003, do hereby grant and convey unto Vincent L. <br />Dowding, attorney at law, the "Trustee ", the following described property: <br />See attached Exhibit A <br />TO HAVE AND TO HOLD the same, together with all appurtenances, in trust <br />nevertheless, and in case of default in the payment of said Note or any part thereof or <br />interest thereon or in the performance of any covenant hereinafter set forth, then the Trustee <br />shall have the power to sell the above - described property, and upon request of the <br />Beneficiary, the Trustee shall file for record in the Register of Deed's Office of Hall County, <br />Nebraska, a Notice of Default, setting forth that a breach of an obligation for which the said <br />property was conveyed as security has occurred, and setting forth the nature of such breach <br />and the Trustee's election to sell the property to satisfy the obligation; and after the lapse of <br />not less than one (1) month, the Trustee shall give written notice of the time and place of <br />sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at the Hall County <br />Courthouse, and particularly describing the property to be sold, said Notice to be published <br />in a newspaper of a general circulation in Hall County, Nebraska, once a week for five (5) <br />consecutive weeks, the last publication to be at least ten (10) days but not more than thirty <br />(30) days prior to the sale; and the Trustee shall then sell said property at the time and place <br />designated in this Notice, in the manner provided by law in effect at the time of filing said <br />notice, at public auction to the highest bidder for cash, and shall deliver to such purchaser a <br />deed to the property sold consistent with the law in effect at that time. Additionally, Trustor <br />hereby requests that Trustee shall mail Trustor a copy of any Notice of Default and Notice <br />of Sale hereunder upon default addressed to it at 1004 Diers Avenue, Suite 310, Grand <br />Island, Nebraska 68803. Out of the proceeds of said sale, the Trustee shall retain and pay <br />M <br />= <br />m <br />D <br />CA <br />C <br />o <br />M <br />v <br />_o <br />z <br />_. •, <br />z <br />N <br />n <br />- <br />n <br />N <br />�> = • <br />o <br />C1 <br />o <br />rn <br />0 <br />L/1 <br />rn <br />o <br />In Z <br />(:D 3 <br />7N <br />C11 <br />CD <br />(1) <br />z <br />DEED <br />OF TRi <br />1ST <br />200310013 <br />O <br />KNOW ALL MEN BY THESE PRESENTS: that Encinger Properties, LLC, A <br />Limited Liability Company, hereinafter referred to as "Trustor ", to secure a note of even <br />date herewith for the principal amount of One Hundred Seventy Thousand Dollars <br />($170,000.00) payable to the order of Theresa A. Scarborough, whose address is: 2748 <br />O'Flannagan Street, Grand Island, Nebraska 68803, hereinafter referred to as "Beneficiary ", <br />providing for payment of the entire principal balance, together with interest at the rate of <br />five and three - fourths percent (5 3/4 %) per annum, all in accordance with a Deed of Trust <br />Note executed on )quu u5t I , 2003, do hereby grant and convey unto Vincent L. <br />Dowding, attorney at law, the "Trustee ", the following described property: <br />See attached Exhibit A <br />TO HAVE AND TO HOLD the same, together with all appurtenances, in trust <br />nevertheless, and in case of default in the payment of said Note or any part thereof or <br />interest thereon or in the performance of any covenant hereinafter set forth, then the Trustee <br />shall have the power to sell the above - described property, and upon request of the <br />Beneficiary, the Trustee shall file for record in the Register of Deed's Office of Hall County, <br />Nebraska, a Notice of Default, setting forth that a breach of an obligation for which the said <br />property was conveyed as security has occurred, and setting forth the nature of such breach <br />and the Trustee's election to sell the property to satisfy the obligation; and after the lapse of <br />not less than one (1) month, the Trustee shall give written notice of the time and place of <br />sale which may be between 9:00 a.m. and 5:00 p.m. at the premises, or at the Hall County <br />Courthouse, and particularly describing the property to be sold, said Notice to be published <br />in a newspaper of a general circulation in Hall County, Nebraska, once a week for five (5) <br />consecutive weeks, the last publication to be at least ten (10) days but not more than thirty <br />(30) days prior to the sale; and the Trustee shall then sell said property at the time and place <br />designated in this Notice, in the manner provided by law in effect at the time of filing said <br />notice, at public auction to the highest bidder for cash, and shall deliver to such purchaser a <br />deed to the property sold consistent with the law in effect at that time. Additionally, Trustor <br />hereby requests that Trustee shall mail Trustor a copy of any Notice of Default and Notice <br />of Sale hereunder upon default addressed to it at 1004 Diers Avenue, Suite 310, Grand <br />Island, Nebraska 68803. Out of the proceeds of said sale, the Trustee shall retain and pay <br />