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200313930 -,2s .50 <br />THIS DEED OF TRUST, is made as of the 20th day of October, 2003, by and among, Robert Baker <br />and Cheryl Baker, husband and wife, ( "Trustor "), whose mailing address is 412 Wyandotte, Grand Island, NE 68801; <br />Gary D. Byrne, a member of the Nebraska State Bar Association, ( "Trustee "), whose mailing address is P.O. Box 929, <br />North Platte, NE 69103 -0929 and Gene Olsen and Florence Olsen, husband and wife, ( "Beneficiary"), whose mailing <br />address is 562 Liberty Road, Danebarg, NE 68831. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, <br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the real property located in the State of Nebraska, and legally described as follows (the <br />"Property"): <br />See attached Exhbiit "A ". <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may be or <br />hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as <br />the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of $40,500.00, with interest thereon, as <br />evidenced by that certain promissory note of even date (the "Note ") with a maturity date of October 16, 2005, executed <br />by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at <br />the rate of 7% per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment <br />and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every <br />kind, now or hereafter levied against the Trust Estate or any part thereof directly, without notice or demand as each <br />installment comes due and shall provide the Beneficiary with evidence of the payment of the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of <br />the unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without <br />ten (10) days prior written notice to Beneficiary. Trustor shall furnish Beneficiary a certificate of insurance coverage <br />at Beneficiary's request, with a provision in such certificate that the insurer shall provide Beneficiary ten (10) days <br />advance notice of any cancellation of the policy at any time for any reason, or of expiration of policy without renewal <br />thereof. Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof so that, except for <br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the <br />Trust Estate. <br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, and local <br />environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or hereafter existing, <br />amended, supplemented, or supplanted relating to the preservation of the environment or the regulation or control of <br />toxic or hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary that there are no toxic <br />1 <br />n <br />n <br />..� <br />. n <br />s <br />D <br />o <br />om <br />C <br />Z <br />M <br />N <br />--4 m <br />o@ <br />rn <br />D <br />VI <br />T <br />tF _^ <br />CL <br />n <br />N <br />" <br />N <br />o <br />° <br />wcDn <br />-, <br />o <br />Z'_, <br />—v <br />n (--J <br />r <br />F--& =3 <br />N <br />`�", <br />r n <br />w � <br />CC) <br />CD <br />o <br />C:) r- <br />W <br />c f, <br />cn <br />Z <br />DEED OF TRUST <br />O <br />200313930 -,2s .50 <br />THIS DEED OF TRUST, is made as of the 20th day of October, 2003, by and among, Robert Baker <br />and Cheryl Baker, husband and wife, ( "Trustor "), whose mailing address is 412 Wyandotte, Grand Island, NE 68801; <br />Gary D. Byrne, a member of the Nebraska State Bar Association, ( "Trustee "), whose mailing address is P.O. Box 929, <br />North Platte, NE 69103 -0929 and Gene Olsen and Florence Olsen, husband and wife, ( "Beneficiary"), whose mailing <br />address is 562 Liberty Road, Danebarg, NE 68831. <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, <br />IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the real property located in the State of Nebraska, and legally described as follows (the <br />"Property"): <br />See attached Exhbiit "A ". <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may be or <br />hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as <br />the "Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtedness in the total principal amount of $40,500.00, with interest thereon, as <br />evidenced by that certain promissory note of even date (the "Note ") with a maturity date of October 16, 2005, executed <br />by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby <br />made a part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at <br />the rate of 7% per annum, and <br />c. The performance of Trustor's covenants and agreements. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment <br />and performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the <br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every <br />kind, now or hereafter levied against the Trust Estate or any part thereof directly, without notice or demand as each <br />installment comes due and shall provide the Beneficiary with evidence of the payment of the same. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance <br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of <br />the unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall <br />contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable without <br />ten (10) days prior written notice to Beneficiary. Trustor shall furnish Beneficiary a certificate of insurance coverage <br />at Beneficiary's request, with a provision in such certificate that the insurer shall provide Beneficiary ten (10) days <br />advance notice of any cancellation of the policy at any time for any reason, or of expiration of policy without renewal <br />thereof. Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof so that, except for <br />ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the <br />Trust Estate. <br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, and local <br />environmental laws, ordinances, rules, requirements, regulations, and publications as now existing or hereafter existing, <br />amended, supplemented, or supplanted relating to the preservation of the environment or the regulation or control of <br />toxic or hazardous substances or materials. Trustor hereby warrants and represents to Beneficiary that there are no toxic <br />1 <br />