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<br />20031619
<br />THIS TRUST DEED made this 15th day of December, 2003, between CRAIG A.
<br />DIXSON and LESA M. DIXSON, husband and wife, as TRUSTORS, whose address is 352
<br />S. Highway 34, 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.O. Box 2280, Grand Island, Nebraska 68802; and AUDREY E. HONGSERMEIER, a
<br />single person, whose address is 2609 W. John St., Grand Island, Nebraska 68803,
<br />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 />The North Half of the Northeast Quarter (N1 /2 NE1 /4) lying east of U.S.
<br />Highway Number 34 right -of -way as described in Deed Instrument Number
<br />81000698, All in Section Thirty -Six (36), Township Eleven (11) North
<br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more
<br />particularly described as follows:
<br />Commencing at the Northeast corner of said Northeast Quarter (NE1 /4)
<br />and Place of Beginning; thence S00 009130" E (assumed bearing) along the
<br />east line of said Northeast Quarter a distance of 1321.92 feet to the
<br />south line of said North Half of the Northeast Quarter (N1 /2 NE1 /4) ;
<br />thence N8905613611 W along said south line a distance of 1229.53 feet to the
<br />east line of said U.S. Highway Number 34 and beginning of a curve concave
<br />to the northeast subtended by a radius of 1969.86 feet; thence along said
<br />curve the chord of which bears N18056'2811 W an arc distance of 112.60 feet;
<br />thence N13 042144" W along the east line of said Highway 34 a distance of
<br />445.63 feet to the beginning of a curve concave to the southwest subtended
<br />by a radius of 1086.74 feet; thence along said curve (and east line of
<br />said Highway 34) the chord of which bears N43 033144" W an arc distance of
<br />1132.35 feet to the north line of said Northeast Quarter (NE1 /4); thence
<br />S89 °55'44" E along said north line a distance of 2113.57 feet to the Place
<br />of Beginning, containing 45.06 acres, of which 1.56 acres contained in the
<br />north 33.00 feet thereof is presently being used as a public road,
<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 ONE HUNDRED SIXTY -ONE THOUSAND FIVE HUNDRED
<br />DOLLARS ($161,500.00), the TRUSTORS have 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 payable
<br />in accordance with and upon the terms and conditions of said Trust Deed Note of
<br />even date, and in any event the entire principal balance due hereunder and any
<br />accrued interest shall be paid on January 1, 2011. All payments due hereunder
<br />shall be paid at the address of the BENEFICIARY as above described, or at such
<br />other place as such BENEFICIARY or the holders of said security shall designate
<br />in writing. All installment payments hereunder shall be applied first to the
<br />payment of interest on the unpaid balance, pursuant to the Amortization Schedule,
<br />a copy of which has been provided to each of the parties hereto, and the
<br />remainder of each payment 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
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<br />20031619
<br />THIS TRUST DEED made this 15th day of December, 2003, between CRAIG A.
<br />DIXSON and LESA M. DIXSON, husband and wife, as TRUSTORS, whose address is 352
<br />S. Highway 34, 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.O. Box 2280, Grand Island, Nebraska 68802; and AUDREY E. HONGSERMEIER, a
<br />single person, whose address is 2609 W. John St., Grand Island, Nebraska 68803,
<br />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 />The North Half of the Northeast Quarter (N1 /2 NE1 /4) lying east of U.S.
<br />Highway Number 34 right -of -way as described in Deed Instrument Number
<br />81000698, All in Section Thirty -Six (36), Township Eleven (11) North
<br />Range Nine (9) West of the 6th P.M., Hall County, Nebraska, more
<br />particularly described as follows:
<br />Commencing at the Northeast corner of said Northeast Quarter (NE1 /4)
<br />and Place of Beginning; thence S00 009130" E (assumed bearing) along the
<br />east line of said Northeast Quarter a distance of 1321.92 feet to the
<br />south line of said North Half of the Northeast Quarter (N1 /2 NE1 /4) ;
<br />thence N8905613611 W along said south line a distance of 1229.53 feet to the
<br />east line of said U.S. Highway Number 34 and beginning of a curve concave
<br />to the northeast subtended by a radius of 1969.86 feet; thence along said
<br />curve the chord of which bears N18056'2811 W an arc distance of 112.60 feet;
<br />thence N13 042144" W along the east line of said Highway 34 a distance of
<br />445.63 feet to the beginning of a curve concave to the southwest subtended
<br />by a radius of 1086.74 feet; thence along said curve (and east line of
<br />said Highway 34) the chord of which bears N43 033144" W an arc distance of
<br />1132.35 feet to the north line of said Northeast Quarter (NE1 /4); thence
<br />S89 °55'44" E along said north line a distance of 2113.57 feet to the Place
<br />of Beginning, containing 45.06 acres, of which 1.56 acres contained in the
<br />north 33.00 feet thereof is presently being used as a public road,
<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 ONE HUNDRED SIXTY -ONE THOUSAND FIVE HUNDRED
<br />DOLLARS ($161,500.00), the TRUSTORS have 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 payable
<br />in accordance with and upon the terms and conditions of said Trust Deed Note of
<br />even date, and in any event the entire principal balance due hereunder and any
<br />accrued interest shall be paid on January 1, 2011. All payments due hereunder
<br />shall be paid at the address of the BENEFICIARY as above described, or at such
<br />other place as such BENEFICIARY or the holders of said security shall designate
<br />in writing. All installment payments hereunder shall be applied first to the
<br />payment of interest on the unpaid balance, pursuant to the Amortization Schedule,
<br />a copy of which has been provided to each of the parties hereto, and the
<br />remainder of each payment 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
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