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s <br />n <br />s <br />s <br />_A <br />a <br />in <br />c <br />cn <br />a <br />n r� <br />Fri C!3 <br />''\ <br />1 <br />M <br />q <br />0 <br />o <br />z <br />c%) <br />ro <br />m <br />r <br />c43 <br />C <br />rn <br />D <br />� <br />N <br />O <br />200313840 DEED OF TRUST <br />THIS TRUST DEED made this /V day of October, 2003, between HUGO FRAGOZA <br />and MaELENA FRAGOZA, husband and wife, as TRUSTORS, whose address is 122 North <br />Grace, Grand Island, Nebraska, 68803; JOHN M. CUNNINGHAM, a member of the <br />Nebraska State Bar Association, as TRUSTEE, whose address is 222 North Cedar, <br />Grand Island, Nebraska 68801; and VELMA PRIMROSE, a single person, whose address <br />is 710 West Eighth, Grand Island, Nebraska, 68801, as BENEFICIARY. <br />WITNESSETH: <br />That TRUSTORS hereby grant, bargain, sell, convey and warrant to TRUSTEE, <br />IN TRUST, his heirs, devisees, personal representatives, successors and assigns, <br />with power of sale, the following- described real property: <br />Lots Two (2) and Three (3), in Block Thirty -nine (39), in Packer & <br />Barr's Second Addition to the City of Grand Island, Hall County, <br />Nebraska, <br />together with all improvements and appurtenances thereon. <br />The TRUSTORS hereby covenant and agree with the TRUSTEE and BENEFICIARY <br />that they are lawfully seized and the owners of the above - described property; <br />that they have good right and lawful authority to sell and convey said premises <br />and that said premises are free and clear of all liens and encumbrances, and <br />further, that TRUSTORS will warrant and defend the title to said premises forever <br />against the claims of all persons whomsoever. <br />For the purpose of securing performance of each agreement of TRUSTORS <br />herein contained and the payment of FORTY -FOUR THOUSAND DOLLARS ($44,000.00), the <br />TRUSTORS have executed a Trust Deed Note bearing even date, at the rate of <br />interest and on the terms and conditions as set forth in such Trust Deed Note <br />until paid. The principal sum and interest shall be payable in accordance with <br />and upon the terms and conditions of said Trust Deed Note of even date, and in <br />any event the entire principal balance due hereunder and any accrued interest <br />shall be paid on August 1, 2013. All payments due hereunder shall be paid at the <br />address of the BENEFICIARY as above described, or at such other place as such <br />BENEFICIARY or the holders of said security shall designate in writing. All <br />installment payments hereunder shall be applied first to the payment of interest <br />on the unpaid balance, pursuant to the Amortization Schedule, a copy of which has <br />been provided to each of the parties hereto, and the remainder of each payment <br />of such installment to be applied on 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 TRUSTORS shall: <br />A. Retain possession of the property at all times, except as may be otherwise <br />agreed by the parties in writing. <br />B. Maintain the residence and any other improvements located on the real <br />property in good condition and repair. <br />C. Pay all general and special taxes and all special assessments of every <br />kind levied or assessed against or due upon said property before <br />delinquency, and to deliver to BENEFICIARY copies of receipts showing <br />payment of such taxes each year. <br />D. Procure and maintain policies of all -risk insurance on said improvements, <br />in sums and underwritten by companies acceptable to the BENEFICIARY, in an <br />amount at least equal to the property's full insurable value, which <br />policies shall name the BENEFICIARY as additional insured, with the <br />proceeds payable to the parties as their interests may appear hereunder. <br />TRUSTORS agree to provide BENEFICIARY with copies of such policies or <br />certificates of insurance during the term of this indebtedness, which <br />policies of insurance may not be cancelled by said carrier without ten <br />(10) days written notice to BENEFICIARY. <br />E. In the event the TRUSTORS fail or neglect to pay taxes and procure <br />casualty insurance, all as above set forth, then BENEFICIARY may pay such <br />taxes and procure such insurance, and all sums expended and advanced by <br />BENEFICIARY and TRUSTEE in accordance with the provisions contained herein <br />are secured hereby and, without demand, shall be immediately due and <br />payable by the TRUSTORS and shall bear interest at the rate of six percent <br />(6%) per annum until paid; provided however, that at the option of the <br />m <br />c <br />c <br />CL <br />rN-%` <br />CD <br />/ U-o <br />