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<br /> jjIl;J () () <br /> m . '."-"" <br /> :J: )> ..::~:",::.;) 0 U.' <br /> ""n f",,"':-.:':;_ C)f!I <br /> C m CIl (":;':7:) C> ---1 <br /> Z () :r; " c.: }.,.. Ni <br />n ^ r::J ~:: <br />:I: ~ 0 I ::,.t.~ f".'T" --! r"'~ ~!\ <br />m ~ ,Or] ~ ~~ -. <br />n en (.") r-..) <br />;I'll;; ::z: .~-~ <br /> ~~.~",) N --'1 if <br /> -""!"1 en <br /> ~,~: ,..i ....",". t--' <br /> p, -::J >.,.. <br /> [ll ::3 r-" f-.' <br /> t;.','",) ,-. r ~:.... <br /> (1"\ " cr') C.A) <br /> ; G) ::.-::: <br /> " <br /> \..... J-.>>- CJ'l <br /> r-v .........- .........- <br /> 0 Ul co <br /> (f) <br /> <br /> <br /> <br />N <br />G <br />G <br />(j) <br />...... <br />...... <br />w <br />CJ'1 <br />OJ <br /> <br />DEED OF TRUST <br /> <br />1&.tYD <br /> <br />THIS DEED OF TRUST, is made as of the 17th day of August, 2006, by and among, Teddie J. <br />Brezenski and Amy L. Brezenski, husband and wife, ("Trustor"), whose mailing address is 1013 N. Eddy, Grand Island, <br />NE, Gary D. Byrne, a member of the Nebraska State Bar Association ("Trustee"), whose mailing address is P.O. Box <br />929, North Platte, NE 69103-929 and Dawn M. Peard, ("Beneficiary"), whose mailing address is 1504 Mansfield Rd., <br />Grand Island, NE 68803. <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 />:I>> <br />CJ <br />;is <br />:z <br />S <br />C') <br />..... <br />~ <br />===i <br />r- <br />I'TI <br />en <br />"" <br />::0 <br />< <br />n <br />I'T'I <br />en <br /> <br />The Southerly Sixty-seven and Eight Tenths (67.8) feet of the following described property: <br />Fractional Lot Four (4), Fractional Block Twenty-one (21) in Russel Wheeler's Addition and <br />its complement: Fractional Lot Four (4), Fractional Block One (1), H.G. Clark's Addition, both <br />being additions to the 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 he 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 $3,995.00, with interest thereon, as <br />evidenced by that certain promissory note of even date (the "Note") with a maturity date of September 1,20 II, 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 9.5% ~ annum, 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. PA YMENT 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 pay such taxes, without notice or <br />demand as each 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 />-.t 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. ENVIRONMENT AL 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 ofthe 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 /> <br />(J Lie}.!( f.,? - <br />