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<br />88-
<br />
<br />RE.RECORoeo
<br />100641
<br />
<br />'.'~N
<br />
<br />100463
<br />
<br />DEED Of TRUST
<br />
<br />BENEFICIARY
<br />\ vca FINANCIAL SERVICES
<br />IYITRNATIONAL, INC.
<br />
<br />ACCOUNT N'.JMDe::R
<br />
<br />r
<br />
<br />GRANTOR(S): ~ 313006762
<br />LAST NAME FUfST
<br />
<br />INITIA"L!
<br />
<br />I. Address)
<br />
<br />
<br />DANIEL
<br />
<br />S.
<br />
<br />416 l.JEST THIRD
<br />
<br />909 t\TEST TENTH
<br />
<br />GRAND ISLAND
<br />
<br />22ND day of JANUARY
<br />909 WEST TENTH,
<br />
<br />NE
<br />
<br />GRAND ISLAND
<br />88 DANIEL S. PUCKETT(A SINGLE PERSON)
<br />19_, between
<br />GRAND ISLAND, NE 6880~nd CLAY H. ROGERS
<br />1065 Nl15ST,SUITE 100, OMAHA, NE
<br />
<br />68801
<br />
<br />, NEBRASKA
<br />
<br />THIS DEED OF TRUST, Made this
<br />hereinafter called TRUSTOR, whose address is
<br />, hereinafter called TR USTEF, whose address is
<br />and A VCO FINANCIAL SERVICES INTERNATIONAL, INC., Nebraska corporation, hereinafter called BENErICIAR Y, whose address is
<br />416 WEST THIRD, GRAND ISLAND, NE 68801
<br />
<br />WITNESSETH: That Trustor GRANTS, CONVEYS, SELLS AND WARRANTS TO TRl'STEE. IN TRUST, WITH POWER OF SALE, the following described
<br />HALL
<br />
<br />68154
<br />
<br />property, situated in
<br />
<br />County. Nebraska:
<br />
<br />Lot Two (2), Block Seventeen (17), in Fairview Park Addition to the city of Grand Island,
<br />Hall County, Nebraska
<br />
<br />also known as
<br />
<br />909 If:EST TENTH, GF~ ISLAND, NE
<br />
<br />68801
<br />
<br />(Number and Street)
<br />together with all buildings and improvements now or hereafter ereded thereon and all SCleenS, awnings, shades, storm sash and blinds, and heating, lighting,
<br />plumbing, gas, electric, ventilating, refrigerating and air-conditioning equipment used in connection therewith, all of which, for the purpose of this Deed of
<br />Trust, shall be deemed fixtures and subject to the lien hereof. and the hereditanwnlS and appurtenances pertaining to the property above described, and all
<br />streets, lanes, alleys. passages, ways, waters, water courses, rights, liberties and privileges, \\'hatsorv~r thereuntn belonging or in anywise appertaining and the
<br />reversions and remainders, all of which is referred .10 !lereinafter as the "premises"
<br />
<br />TO HAVE AND TO HOLD the above-described pfemisci;,;.\\~th the appurtenances and fixtures, unto the said Ileneficia,y, its successors and assigns, forever, for
<br />the purposes and uscs herein set forth, free.. f'rom :HI. rigJits lmd benefits under and by virtue of any Homestead IOxemption Laws of the State of Nebraska
<br />which may be euacted, which said Tights and benefits'lhe.said'''frustor docs hereby exprcssly rclease and waives.
<br />
<br />Trustor also assigns to Beneficiary all rents, issues and profits of said premises, granting the right 10 collect and use the same, wilh or without taking rosscssion of
<br />the premises, during continuance of default hereunder, and during continuance of such default authorizing Beneficiary to enter upon said premises and/or to collect
<br />and enforce the same winlont regard to adequacy of any security for the indebtedness hereby secured br any lawful means im.-iuding appoinrment of a r('cl'ivl~r in
<br />the name of any party herelo, and to apply the Same less costs and expenses of operation and colleclion, including reasonable attorney's fees, upon any indebled-
<br />ness secured hereby, in such order as Beneficiary may determine,
<br />
<br />L
<br />
<br />FOR THE PURPOSE OF SECURING: (Ii Performance of each agreement of Trustor conlained herein; (2) Payment of the pr,incipal sum wilh interesl, liS
<br />prnvided in accordant:\". with th~ terms and provisions of a Promissory Note; Loan Agreement (hereinafter referred to as "promissory notc") dated
<br />
<br />JANUARY; 22. 1988 , herewith executed by Trustor and payable 10 the ordei of Beneficiary, in the Principal sum of
<br />
<br />S ';'f\nn.4R . and ha\;ng the date of its final payment due on 1/22/98 . or as extended,
<br />
<br />deferred or rescheduled by renewal or refinance; (3) Payment of any additional advances, with interest thereon as may hereafter be loaned by Uenefi....iary
<br />
<br />to Trustor in a maximum sum oi S 6600.48 within 15 years from the date of this Deed of Trusl; howe\'er.
<br />this para~raph does not constitute a commitment by Beneficiary to make future advances; (4) The payment of any money that may be advan....ed by the
<br />Beneficiary to Trustor for any reason or to third parties, with interest thereon, wherc the amounts arc advanced to protect the security in accordance with the
<br />covenants of this Deed of Trust: (5) Any rcnc\val, refinancing or e\.tension of ..aid promic;sory note, or any other a~reemcnt to pay whkh may be substituted
<br />therefor.
<br />
<br />A!I payments made by Trustor on the obligation secured by Ihis Deed Olf Trust shall be applied in the following order:
<br />FIRST: To the payment of taxes and assessments that Illay be.' le".ied and a~sessed against said premises, insuran....e premiums, rl~paITS, and all other charges
<br />and expenses agreed to be paid by the Trustor.
<br />SECOND; To the payment of interest due on said loan.
<br />TIlIRD; To the pal'ment of principal.
<br />
<br />TO PROTECr THE SECURITY HEREOl', TRUSTOR,S) COVENANTS AND AGREES: (I) 10 kcc'('l said premises insured againsl loss by fire and other
<br />hazards, casualty and contingencies up III (he full valuc of all impro\'cll1cnts for the protc....tion of Benefi....iary in such manner, in such amounts, and in such
<br />companies as Ileneficiary mal' from time to time approve, and th"t loss proceeds Iless expense 01 collec.tion) shall, at Beneficiary's optionl he applied on said
<br />indebtedness, whether due or not or to the r\"storation of said impr()v~ments. In event of loss Trustor will givc immediate notice by mail to the Beneficiary,
<br />who may make proof of loss if not made promptly by Trustor, and each insurance company concerned is hereby authonzed and directed to makc payment for
<br />such loss directly to the Beneficiary instead of 10 the Trustor. (2) Tc' pay all taxes and special assessments of any kind Ihal havc been or may be levied or
<br />assessed upon said premises, and to delivery to Beneficiary, upon request of the Beneficiary, tl1l' official rec-eipl showin~ payment of all such taxes and
<br />assessments_ (3) In the evenl of default by Trustor under Paragraphs I or 2 above, Beneficiary, at its option, may (a) place and keep such insurance above
<br />provided for in force throughout the life of this Deed of Trust and pay the.' rl'ason~hlc pf(.~millllls ~lIld char!!e..; thcIl'for: Ih) pay all said ta\.es and assessments
<br />without determining the validity thereof; and (e) Pay such hens and all such dlSbursemcnts shall he (!eemed " pari of lhc' nH!ehlc'dness se,'ured by this Decd of
<br />Trust and shall be immediately due and payable by Trustor to Bencficiary. (.l) T II kecp the huildinr... ;lIld tlthl:'r improvements no\\ l'xisting or hereafter
<br />erected in good' condition and repair, not to l:011l11lil or suffcr any \i,",Jslc In ;my ~IW of s:lid pr~rni,..., ,'llnlrar~ to H.'~lrll'1ion' of rl'Ct.nd or contrary to law, and
<br />to permit Beneficiar)' to cnter at all reasonable limes for the purpose of mspcl'llllg the prcmisc~: not to remo\'l' or JeIHollsh allY bUlldmg thereun; to restore
<br />promptly and In a good and workmanlike manner any buildings which mal' be damaged or deslroyed thereon, "nd 10 pay, when due, all claims for labor performed
<br />and maler!als furnished Iherefor; (5) ThaI, if a signer of Ihe Promissory Note, he will pay, promptly the indebtednl'ss secured hereby, and perform all other obliga-
<br />tions in full compliance with the lerms of said Promissory Note and this Deed of Trust. (6) That the timl' of payment of tl", IIldebtedness hereby secured, or of any
<br />portion thetcof, may be extended or renewed, and any portions of the premises herein described lIIay, without notice, be released from the lien hereof. without
<br />releasing or affecling Ihe personal Iiabilily of an)' person or lhe prior ill' of this Deed of Trust. (7) That he does hereby fore\'er w"rranl and will forever dcfend thc'
<br />litle and possession Ihereof against the lawful claims of any and all persons whatsoevcr.
<br />
<br />IT IS MlffUAL.L.Y AGREED THAT:
<br />(I) Should Trustor fail to make- any payment or do any Jct as herein provided, or if any Jction Ilr pro("e1..'dtn~ I... ~-tHllIllCIKl'd which m31.:riJl1y affect"
<br />Uencficiary's interest in the Premises, then Beneficiary or Trustee, but without obligation to do 0;;0, :_lIld without no1ln' tll or demand upon Trustor. and
<br />without releasing Trustor from any obligation 11I~rcunder, may make or do the same, and may pay, purchase, l'emlt"t or l-t)ll1promisl" any l~ncllmbrance, char~e
<br />or lien. which in the judgment of either appears 10 affect s.aid properly: and in exercising In)" such powcrs. II1cur Jn~ lIahllily and C:\pCfHt '..'hall'vCr amollnls in
<br />(hr absolute discretion of Ilenenci~ry or Trustec either may deem nece'""l' thcH'for All Slim, sn incllrred n, "xpended h\' Ilc>nc'lklarv nr Truslee shall hc
<br />without' demand immediately due "nd payable by Trustor, shall bcar mlcrcst at the h'ghe,t rate pcrnlfllc'd by la", and ,hall I", sc'nHc'd Iwrd'l'
<br />
<br />(2) Should the Prcmises or any part Ihereof hl' takcn It)' reason of any condemnation Ploccl'dinl!, Iklwrlcl"ry shall h" enlllled In all ,'lImIWn\;llinn. awatds
<br />"nd olhe, payments therefor, and to apply the same on the indebtedness ,",cured hereby.
<br />
<br />(3) By accepting paymcr,l of any sum hereby sl~l'un'd after ils dut' d.llc, (IT after fhe filin~ of llolHT Ill" lh..'fault and of l'Il'l'lloll In ,dl. Bl'Ill'lll.I.H~ ,hall 111\\
<br />waive it"\ right to require prompt paYI1l~nt wht.'n duc of all other sum~ 'm \cClIrt'd, Ilr to declarL' Jt.'laull for l;lihHl' 1\\ \0 pa~, III III PHKt.'l'd \\ llh tht' ';lk und..'r
<br />.IIIY \udt notice of default ilnd of cll!chon to \CII. for any unpaid balanCl~ of said inucblL'dlH.'\\. If Bl'rll"fln~H~ hnhh any ~lddjtlunill St.'unit) ltlf .tl1\ tlhl1~.llInl1
<br />\.l'l'u,('d ht'H'hy, 11111:.1)' rn(orl..'l' tht, \ale theTeof at its option, l'illwr ht'forc, l-tllltt'mpor:tl1L'ollsl) \\1Ih, pr .lrh'T lhl' ,;tk \... I11.Hk hl'll'lIlHkr
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