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<br />THIS DOTED OF TRUST,, is made as of day of September _- ,. , $§f LUCKY by
<br />and among DARRYL A. FEFFER & LAUREL A. FEFFERr_ Husband and Wifj Cl'ruaWm "), whose moilingfhvss is
<br />_y)Z W. 12th St.. Grand Islan1 N�F_�88p 1; Gary Byrne, Attorney -at -Law
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<br />t "'I`rnacae "), whose ,nalung samosa is Title. 2 W. Koenig, Grand Island, NE_68801
<br />and RUDOLF F. PLATE and dEANNICE -_R_. PLATE,. Husband and Wife ( "Beneficiary ")
<br />whose mailing address is E. 5 olle Pk. Rd. Grand Island NE. 68801
<br />FOR VAI.11ABLE, CONSIUELIA'ffON, Trustnr, irrevocall transfers, conveys end assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and sean�ita of Relnaf ,au, under end subject to the terms and conditions ofthis Deed of Trust,
<br />the rail proppt located in the City of __r n aland , County of
<br />Aayll , Scott, of Nebrnsks, and legally described as follows (the "Property "):
<br />Lot Three (3), Block Forty four (44), Russel Wheeler's Addition to the City of
<br />Grand island, Hall County, Nebraska
<br />TOGE'I'IIEH WI'I'11, all rents, easemen La, appurlcuuucus, herelidamcnts, interests in adjoining roads, sheols and alleys,
<br />improvements ad buildings of any kind snouted thermn Wild oil personal property that may be or hereafter become an integral
<br />part of such buildings and improvements, all mops raised thereon, and all water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate ".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of imlebtaess at the total principal amount of $. - 66, 000.00 , with iutoreat thereon, as evidenced by that
<br />certain promissory note ofeven data (the "Note') with a mac1l9ty date of S. 30, 2013
<br />: executed by'frustoa which has been delivered and is payable to the order of Beneficiary, and which by this rafehanco ie hereby
<br />made a part hereof, and any and all medificationa, extansltns and renewals thereof, and
<br />b. Payment of all some advanced by Renefcimy to protect the Trust Estate, with interest thereon at the rate of
<br />Six _parent( 6 %J per annum, end 1st payment due Oct. 1, 2003 as per prom.
<br />c. The yci formance of T•ructm's covenants and agreements.
<br />This Dced .1 Crust, We Note, and any other instrument given to evidence or further secure the payment and
<br />perfurmmce of any obligation secured hereby are referred to collectively oe the "Loan Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRII.ST:
<br />1. PAYMENT OF INDEBTEDNESS. Truator shall pay wlmn due tte principal of, and the interest on, the indebtedness
<br />evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments.
<br />2, TAXES AND ASSESSMENTS, Trustnr shall pay all taxes and special assessments actively, kind, now or hereafter levied
<br />against the trust estate or any part theeof as fnfaws�
<br />(initial one)
<br />Truster shall directly pay such taxes, without notice or demand as each installaga, comes due and shall
<br />provide the heneficlmy with evidence of the payment of the same.
<br />—X__- .Trustnr shall pay to beneficiary one twelfth of the real estate taxes each month and such ether assessments
<br />ua they became due. The one - twelfth payment shall be adjusted annually as the taxes change and trustor agrees that
<br />after payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees
<br />to provide tmstar with receipts showing that the real estate taxes have been paid in full and when due.
<br />3. INSURANCE AND REPAIRS. Trust., shall maintain lire and extended coverage insurance insuring the improvements
<br />and buildings constituting part of the Treat Estate for an amount no less than the amount of the unpaid principal balance of the
<br />Note (co- inauranoo not c reading al% pormiked). Such Insurance policy shall contain a standard mortgage clause in favor of
<br />Benefrcimy and shall not be concealable, terminable or modifiable without ten (10) days prior written notice to Beneficiary.
<br />Truster shall promptly repsic, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and
<br />ban, the Trust Estate shall lint deteriorate. In no event shall the Truster commit waste on or to the Trust Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Truator shall appeal in and contest any action or proceeding purporting to
<br />affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all rusts and expenses, including cost of
<br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear, Should Truster
<br />hot to make any payment or to do any act as and in the manner provided in spy of the Loan Instruments, Benefuury and/or
<br />'Prn..tes, each in its own dix,mium, without obligation so to do and without notice to or demand upon Truster and without
<br />releasing TraAm fi'on, any obligation, may make or do the same In such manner and to each extent as either may deem
<br />my to protect ill,, aceuricy hereof. Truator shall, immediately upon demand therefor by Renefaalary, pay oil costa and
<br />expenses a urrod by Beabfich'ry a action whin the u. ,ciao by Bmm111noy o1' Wan foregoing rights, including whhnut
<br />fimiuLLion costs of evidence of ti Uu, taunt cnsty, appraisads, surveys and attorney's fees. Any such costs and expenses not paid
<br />within can (10) days of written demand shall draw interest at tae defauh rate provided in the Nate.
<br />5, EMINENT DOMAIN. Should the Trust Estate, crony part thereof or interest therein, be taken or damaged by reuon of
<br />any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation
<br />( "Coudemnation'9, or should Trustnr receive any notice mr nthm information regarding such proceeding Truster shall give prompt
<br />written notice thereof to Renelici;ny Reneficiary shall be entitled to all compensation, awards and other payments or relief
<br />Lherehq and shall be entitled at its option w conunenco, appear In and prosaanla in its own name any action or proceedings.
<br />Beneficiary shall also be entitled to amkc any compromise or settlement in connection with each taking or danage. All such
<br />compensation, awards, damages, right of action and proeocds awarded to Truster (the "Proceeds ") are hereby assigned to
<br />Beneficiary and Truster agrees to execute such further le a,mi enta of tit P iaesda as Beneficial, m' Trustee may require.
<br />H. FITTIIRE ADVANCES. Upon mqu.st of'h a ltuq Bunegcinry, at Boaoliciary's option, prim to rsconvaynnco of Wm Property
<br />ta'llmslm may mart future udvnuces to'1'rualon SWah fu n,a advances, with Intro ext thin con, shall be secu ad by this Deed of
<br />Tract when evidence,] by pr missory ante. ,toting that said notes one .eau ad binary.
<br />7. APPOINTMENT OF SUCCESSOR TRUSTEE. heneficiary may, Pram time to time, by a written instrument executed and
<br />acknowledge] by Beacticary, mailed to Truster and Recorded in the County in which the 'trust Estate is located and by
<br />otherwise complying with the provision^ of the applicable Imy of the State of Nebraska substitute a successor or successors to
<br />tha Trustee named herein or acting het coca.
<br />A. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to inures to the benefit of and binds WII parties hereto, chair
<br />heirs, Icgshas, divorcee, personal representetives, sncceasas and assigns. The term "Beneficiary" shall mean the owner and
<br />holder of the Note, whether or not named as Reneficiary hereto.
<br />9. INSPECTION. Beneficiary or its agent may make reasonable cables upon and Inspections of the Prnperty. Beneficiary
<br />shall give 'Tudor notice at the time of on' prior to an inepecciuu speifyin, reasonable cause for the inspection.
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