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<br />~ I <br />-- ;r--'~--- O~-----'=--'---==CO==--"=~"'88 -----::--~-----==-'--=-----'---=- ~__'__-7__=_-__'___'_-_- ccc---'~i -- <br /> <br />I ~_1O.~ .. D~E~ ~:;i~T ... . """m.,.,'""~,,'''' ."..,,,, ....' :1 <br /> <br />i THIS DEED OF TRUST, is made as of the ~ day of June, 19..mL-, by and among II <br />LARRY A. BERSTLER AND KAREN S, BERSTLER ("Trustor"), whose mailing address is II <br />2536 WEST ANNA GRAND ISLAND, NE 68801 <br />DON ROBERTS, 528 CONfINENI'AL BUILDING ("Trustee"), whose mailing address is <br />OMAHA,NE 68102 ' I <br />and FIRST NEBRASKA CREDIT UNION ("Beneficiary") whose mailing address is <br />4951 Center Omaha,NE 68106 <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficit!!Y.,l1..!!der and subject to the tenns <br />and conditions of this Deed of Trust, the real property located in the City of I:iRAND ISLAND County of <br />HAll. , State of Nebraska, and legally described as follows (the "Property"): <br /> <br /> <br />I <br />I <br />!l <br /> <br />LOT 14, BLOCK 2, PARKHILL SUBDIVISION, AN ADDITION 'IU THE CIIT OF GRAND ISLAND, HAIL <br />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 <br />be or hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all <br />water rights. <br /> <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as tho! <br />"Trust Estate". <br />FOR THE PURPOSE OF SECURING: <br /> <br />a. Payment of indebtness in the total principal amount of $ 8954.34 , with interest <br />thereon, as evidenced by that certain promissory note of even date (the "Note") with a maturity date of <br />, executed by Trustor, which has bet!n delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, exten- <br />sions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate <br />of twelve percent ( 1 7. %) per annum. <br /> <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />perfonnance of any obligation secured hereby are referred to collectively as the "Loan Instruments", <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PA YMgNT OF INDgBTEDNESS, Trustor shall pay when due the principal of, and the interest on, the <br />indebtedness evidenced by the Note. charg-es, fees and all other sums as provided in the Loan Instruments, <br /> <br />2. TAXES, Trustor "h nil pay each installment of all taxes and special assessments of every kind. now or hereafter <br />levied against the Trust Estate or any part thereof, before delinquency, without notice or demand. and shall provide <br />Beneficiary with evidence of the payment of same, Trustor shall pay all taxes and assessments which ma~' be levied <br />upon Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby, without regard toany law that <br />may be enacted imposinK payment of the whole or any part thereof upon the Beneficiary. <br /> <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire anclextended coverage insurance insuring the <br />improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the <br />unpaid principal balance of the Note Ico,insurance not exceeding 80% permitted), Such insurance policy shall contain <br />a standard mortgage clause in favor of Beneficiary and shall not be cancellable, terminable or modifiable with outten <br />(10) days prior written notice to Beneficiary, Trustor shall promptly repair, maintain and replace the Trust Estate or <br />any part thereof so that. except for ordinary wear and tear, the Trust Estatpshall not deteriorate, In no event shall the <br />Trustor commit waste on or to the Trust Estlltp, <br /> <br />I <br />I <br />I <br />I' <br />I <br />II <br />il <br />II <br /> <br />'I <br /> <br />L <br />:i <br />I, <br />II <br />'; <br /> <br />.! <br /> <br />'I <br />I' <br /> <br />II <br />;1 <br />il <br />!! <br /> <br />:1 <br />I, <br />'I <br />II <br />;i <br />I <br /> <br />4. ACTIONS AFFECTING TRUST ESTATE, Trustor shallllPPl~ar in and contest any action or proceeding <br />purporting to affect the security hereof or the rig-hts or powprs of Bpneficiary or Trustee, and shall pay all costs and <br />expenses, including cost of evidence of title and attorney's fp(.s. in any such action or proceeding in which Beneficiary <br />or Trustee may appear. Should Trustor fail to make any payment or 10 do any act as and in the manner provided in <br />any of the Loan Instruments, Beneficiary and/or Trustee. each in its own discretion, without obligation so to do and <br />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, Trustorshall, <br />immediately upon demand therefor by Beneficiary, pay all costs Hnd pxpenses incurred by Beneficiary in connection <br />with the exercise by beneficiary of the foregoin", rights, includinll without limitation costs of evidence oftitIe, court <br />costs, appraisals, surveys Hnd attorney's f('(.s, Any such costs Hnd ('xpenses not paid within ten (101 days of written <br />demand shall draw interest at the default rate provided in the Note, <br /> <br />5. EMINENT DOMAIN, Shoald the Trust Estate. or nny purt l.h('rl'llf or intprest tlwTf'in. Il(' tnken or damaged by <br />re8aon of any public improvement or condemnation proceedin",. or in uny othpr manner including deed in lieu ofCondem- <br />nation ("Condemnation"), or should Trustor rpdve any notice or other information rel{arding such proceeding. Trustor shall <br />give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation. awards and other pay, <br />ments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action <br />or proceedings. Beneficiary shall also be entitled to make any compromise or !lettlement in connection with such taking or <br />damage, All such compensation, awards, damaf'(es, riJ.:hts of action and proc(~ds awarded to Trustor (the "Proceeds") are <br />hereby I188igned to Beneficiary and Trustor aJ.:rees to ex~'Cute Huch further lU<shmments of the ProC'l'Pds as Beneficiary or <br />Trulltee may require, <br /> <br />D yes D no 58 FUTURE ADV ANCES Upon request of Trustor, Trustee or Beneficiary at Trustee's option, prior to recon, <br />veyance oCthe Property to Trustor may make future advances to Trustor. Such future advances, with interest thereon, shall <br />be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby, <br /> <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE, Beneficiary may, from time to time, by u written instroment <br />executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in whkh the Trust Estate is <br />located and by otherwise complying with the provisions oCthe applicable luw ofthe Stute ofNehrnskH suhstitutpu suecessor <br />or lIucce8BorS to the Trustee named herein or al'ting hereunder, <br /> <br />7. SUCCESSORS AND ASSIGNS. This Deed ofTTust applies to, inun's tn till' hpnefit nfHnd hindH ull puTtieH hereto, <br />their heirs, legatees, device,'s, personal represenlJltives, successors uncluHHil{l1s TI1P Il'rm "BL'lll'tkillrv" shnllnll'un the <br />owner and holder of the Note, whether or not named us Beneficiary herein, <br /> <br />8. INSPECTIONR Beneficiary. or its 1I1{('nts. T('prellentntivl'8 or workm(m, nn' lIuthoriz.,d III ,'nll'r III 11l1\' rpllH,mnhll' <br />time upon or In any part of the Trust "~st!lh' for the purpose of Inspect in I( the slimp 111111 for 111f' JH1rp""1' "r I~'rfll'~m;n~ IIn\' of <br />the acts It III authorized to perform under the tenns of Ilny of the Loan I nstrum"111R ' <br /> <br /> ;i <br /> '! <br /> i <br /> :' <br /> :1 <br /> ,i <br /> t! <br /> ,I <br /> Ii <br /> II <br /> !1 <br /> Ii <br /> 01 <br /> il <br />... !I <br />q <br /> " <br /> :; <br /> <br />:1 <br /> <br />, <br />II <br />II <br />I' <br />I <br /> <br />\ <br /> <br />,I <br /> <br />:1 <br />I, <br />II <br />II <br />,J <br />q <br /> <br />'I <br /> <br />'I <br />1 <br />! <br />