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<br />200601076
<br />
<br />EEDO TR ST
<br />
<br />TIllS DEED OF TRUST, is made as of the 3llh day of J'IIluary, 2006, by 'IIld among, Jerod T. Dack
<br />and Stephanie A. Dack, husband and wife, ("Trustor"), whose mailing address is 101 Mercury Court, AIda, NE 68810;
<br />Gary D. Byrne, a member oftbe Nebraska State Bar Association ("Trustee"), whose mailing address is P.O. Box 929,
<br />North Platte, NE 69103-929 and Cowpetitive Mortgage, Tnc., ("Beneficiary"), whose mailing address is 3333 W. State
<br />Street, Grand Island, NE 68003.
<br />
<br />FOR V ALUABLR CONSllJEHATION, Trustorirr"vucablytransfers, conveys and assiins to Trustee,
<br />IN TRUST, WITH POWER OF SALE, for the bendit and securily ofDeneficiary, l.Wder and subject to !be terms and
<br />conditions of this Deed ofTID"l, the real property locatcd in the County of Hall, State of Nebraska, and legally described
<br />as follows (the "Property"):
<br />
<br />lre.C{)
<br />
<br />Lots 6 and 7, Argo Second Subdivision, Village of Aida, Hall County, Nebraska.
<br />
<br />TOGETIJER WITH, all rents, easemeIrts, appurtenances, hereditaments, interests in adjoining roads,
<br />streets and alleys, improvements and buildiugs of any kind situated thereon and all personal property that may be or
<br />hereafter become 'Ill integral part of such buildings arul improvements, all crops raised thereon, and all water rights.
<br />
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as
<br />the "Trust Estate".
<br />
<br />FOR THE PURPOSE OF SECURING:
<br />
<br />a. Payment of indebtedness in !be total principal amount of $4,050.00, with interest thercon, as
<br />evidenced by that certain promissory note of even date (the "Notc") with a maturity date of Much 1, 2007, cxcculed by
<br />Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this refeH'nce is hereby made
<br />a part hereof, and any and all modifications, extellSion8 and renewals tbereof, and
<br />
<br />b_ Payment of all sums advlillCed by Beneficiary to protect the Trust Estate, with interest thereon at
<br />the rate of 8.0% Ell! l!!!!llm!, and
<br />
<br />c. The performance ofTrnstor's covenants and agreemeIrts.
<br />
<br />This Deed of Trust, the Note, and any other instrl.W1ent given to evidence or further secure the payment
<br />and perfOllnanec of any obligation secured hereby are referred to collectively as the "Loan Instruments".
<br />
<br />TO PROTECT THE SECURITY OF TInS DHD OF TRUST:
<br />
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal ~f, and the
<br />interest on, the indebtcdness evidenccd by the Note, charges, fees and all other sums as provided in the Loan Instruments.
<br />
<br />2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special asscssments of every
<br />kind, now or hereafter levied again~t the Trust Estate or any parl 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 />
<br />3, INSURANCE AND REPAIRS. Trustor shall maintain fire and cxtended coverage insUIlOlce
<br />insuring the improvements and buildings constituting part of the Trust Estate for an amount no less th'IIl the aIIlQl.Wt of
<br />the unpaid principal balance of the Note (co-insurance unt exceeding 80% permitted), Such insurance policy shall
<br />contain a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or 11l0difiable without
<br />ten (10) days prior writlen noticc to Beneficiary. Trustor shall furnish Beneficiary a certificate of insurance coveragc
<br />at Beneficiary's request, with a provision in such certificate that the insw'er 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 />thercof. Truslor shall promptly repair, maintain, and rcplace the Trust Estate or any part thereof so that, except for
<br />ordiuary wear and tear, the Trust Estate shall not detcriorate. In no event shall the TfllHlor commit waste on or to the
<br />Trust Estate.
<br />
<br />4. ENVIRONMENTAL COMPLIANCE. Trustor shall comply with all federal, state, and local
<br />enviJ:onmentallaws, ordinances, rules, requirements, regulations, 'IIld publications as nOW existing or hereafter cxisting,
<br />amended, supplemented, or supplanted relating to the preservation of the environment or the regullltion or control of
<br />toxic or hazl1rdoWl su.bstanecs or materials. Trustor hereby warrants lUldrepresents to BeneficiRlY that there are no toxic
<br />Or hazardous substances or materials on or under the Property. Trustor does hereby indemnify and hold Beneficiary
<br />harmless and any successors to Bcneficialy's interest from and against any and all claims, damages, loss"s, andliabjJjties
<br />arising in connection with the presence, use, dispnslll, or transpOlt of any substance which is the subject of any
<br />environmental law, regulation, or control of toxic or hazardous substances or materials on, under, from, or about the
<br />Property. This indemnity shall survivc reconveyance of the Property secured by this Trust Deed.
<br />
<br />5. ACTIONS AFFECTING TRUST ESTATE. T,.u.~tor shall appear in and contcst any action
<br />or proceeding purporting to affect the security hcreof or the rights or powers ofBenefidary or Trustee, 'IIld shall pay all
<br />costs and expen.ses, including cost of evidence of title and attorney's fees, in any mch action or proceeding in which
<br />BeneticilUy or TfllHtee may appear. Should Trustor fail to make any payment Or to do any act as and in the manner
<br />provided in any of the Loan Instrument~, Beneficiary and/or Trustee, in its own discretion, without obligation so to do
<br />and without notice to or demand upon Trustor and without relea.qing Trustor from any obligation, may make or do tbe
<br />same in such manner and to such extent as either may deem necessary to protect the security hereof, Trustor shall,
<br />irnrnediatelyupon dellllllld therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with
<br />the exercise by Beneficiary of tlle foregoing rights, including without limitation costs of evidence of title, court costs,
<br />
<br />O~,4~OG/'~~
<br />
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