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<br /> ;lO n ~ <br /> m :I: '-""> <br /> "Tl m f.:..;;:,:.:) (') U? <br /> c: c:=.> <br /> Z n :c '':J:~ C;J? 0 -l <br /> () ;li; ::0 c: :t> <br /> n 0 ,,''''~' " ...~ -l <br /> :I: :;:0 ~, -u z <br /> m )> ~ m S-:~: :::0 -l 11'1 <br />N () c.n c""") -< <..-::> <br />S A :r:: o .'"'{: C> ,., <br />s \J\ -'"'1 U1 .,., ...,.. <br />0) N- .,..;,:-- <br />s 0 0 rn <br />N m r """'0 ~'" GJ <br />CD m ::3 r ;0 <br />0) <::) r l> <br />W (fJ (J) <br /> t- t-->- ^ <br /> l> <br /> .i" .~~ C) ---- ---- <br /> DEED OF TRUST CD (J) <br /> (J) <br /> <br />o~ <br />~I <br />~i:' <br /> <br />~f <br /> <br />Wr+ <br />:2 <br />o <br /> <br />_________ THIS DEED OF TRUST, is made as ofthe3rd day of April, 2006, by and among, Esau Peraza and <br />Veronica Peraza, husband and wife, ("Trustor"), whosemailingaddressis504N.Locust.GrandIsland.NE 68801; Gary <br />D. Byrne, a member of the Nebraska State Bar Association ("Trustee"), whose mailing address is P.O. Box 929, North /s 5 <br />Platte, NE 69103~929 and Dawn Peard, ("Beneficiary"), whose mailing address is 1504 Mansfield Rd., Grand Island, .. 0 <br />NE 68803. <br /> <br />:t:- <br />O <br />;; <br />:z <br />;;! <br />,,") <br />,." <br />-I <br />=i <br />r- <br />m <br />CI') <br />1"1'1 <br />:::a <br />< <br />n <br />m <br />(;') <br /> <br />FOR VALUABLE CONSIDERA nON, 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 ofthis Deed of Trust, the real property located in the County of Hall, State of Nebraska, and legally described <br />as follows (the "Property"): <br /> <br />The East 54' of Lot 8, Block 17, Original Town, now City of Grand Island, Hall County, Nebraska. <br /> <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 /> <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 the total principal amount of $4,500.00, with interest thereon, as <br />evidenced by that certain promissory note of even date (the "Note") with a maturity date of April 1, 2026, executed by <br />Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby made <br />a part hereof, and any and all modifications, extensions and renewals thereof, and <br /> <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at <br />the rate of8.0% ~ annmn, and <br /> <br />c. The performance of Trustor's covenants and agreements. <br /> <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 /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br /> <br />I. 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 /> <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 /> <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fITe 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 /> <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 />or hazardous substances or materials on or under the Property. Trustor does hereby indemnify and hold Beneficiary <br />harmless and any successors to Beneficiary's interest from and against any and all claims, damages, losses, and liabilities <br />arising in connection with the presence, use, disposal, or transport 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 survive reconveyance of the Property secured by this Trust Deed. <br /> <br />5. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action <br />or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all <br />costs and expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which <br />Beneficiary or Trustee 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 Instruments, Beneficiary and/or Trustee, in its own discretion, without obligation so to do <br />and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the <br />same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with <br />the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, <br />