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<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"):
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<br />LOT 14, BLOCK 2, PARKHILL SUBDIVISION, AN ADDITION 'IU THE CIIT OF GRAND ISLAND, HAIL
<br />COUNTY, NEBRASKA,
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<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.
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<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:
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<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,
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<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,
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<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,
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<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,
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<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,
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<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 '
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