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<br />10 <br />m <br />"T1 <br />c: <br />n Z <br />~~~ <br />n(l) <br />"":z: <br /> <br />........ <br />c-= <br />C? <br /> <br />f--\ <br />f--\ <br /> <br />nn <br />:r:> <br />m (I) <br />n:c <br />" <br /> <br />,--,;, <br />."......=t <br />;,s <br /><:7.> <br /> <br />o (f) <br />0-; <br />c;::r> <br />z-j <br />~m <br />-<0 <br />o -n <br />-"z <br />::I:: ITI <br />1> CZ? <br />r~ ;;;V <br />r:t-... <br />C/) <br />;::"( <br />)> <br />""""-,,:',,--",,, <br /> <br />" <br />......:tl, <br />.A.l ~ \, <br />fTI . ~.,\- <br />..-.:> ,~ <br />o"~ <br />..." <br /><::::' D- <br />~ ~.~ <br />(fJ ~ <br />t- <br /> <br />"" <br />N <br /> <br />\J\ <br />U\ <br />a, <br /> <br />I\.) <br />s <br />S <br />0'> <br />S <br />-....,J <br />-->. <br />(JJ <br />S <br /> <br />::n <br />=:3 <br />....... <br />I~ <br /> <br />DEED OF TRUST <br /> <br />U> <br />(t) <br /> <br />THIS DEED OF TRUST, is made as of the 10th day of August, 2006, by and among, Jose J. Aguilar <br />and Claudia Aguilar, husband and wife, ("Trustor"), whosemailingaddressis643E.Meves.Grandlsland.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 69103-929 and Melvo A. Mendoza and Blanca E. Caceres Mendoza, husband and wife, <br />("Beneficiary"), whosemailingaddressis416E.2ndStreet.Grandlsland.NE 68801. <br /> <br />):::II <br />o <br />;; <br />:z: <br />--I <br />:za <br />C') <br />", <br />-f <br />:::t <br />r- <br />"" <br />(;i') <br />"" <br />~ <br />c=; <br />rn <br />en <br /> <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 County of Hall, State of Nebraska, and legally described <br />as follows (the "Property"): <br /> <br />Lot Four (4), Block One (1), Meves First Addition to the City of Grand Island, Hall County, <br />Nebraska <br /> <br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />sh-eets 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 $8,985.00, with interest thereon, as <br />evidenced by that certain promissory note of even date (the "Note") with a maturity date of September 1,2011, 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 /> <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at <br />the rate of 9 .0% ~ IDmYill, 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 />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 /> <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 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 /> <br />~ <br />o[ <br />t"\.) <br />c:>~ <br /> <br />~I <br />~m. <br />~~ <br /> <br />/5. 50 <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 Bencficiary <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 />,,,"e in ,uoh mauu" ,ud to ,uoh extent", eith" may deem noc",''''' to protect the "omity he"of. Tru,to' ,h,lI, A <br />imruedi,tely upou demand th"efo, by B,"efici,,,,, p'y 01' oost, ",d exp'"'" inourred by Benefio;"" in connoctio;th~ <br />