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<br /> <br />DEED OF TRUST <br />(SECURITY AGREEMENT) <br /> <br />88-10831,2 <br /> <br />This Deed o,Trusl Ia made November 28 .1g~.belween John Eastman. Jr. and Kavla <br />Eastman husband and wife 1004 West Anna Grand Island. NE 66601 ,Trom, <br />SOO Jerrv J. Milner 1503 West Second Street. Box 10GB. Grand Isla~~d~n~~uy. <br /> <br />By this Deed 01 Trust; ths penon!s) signing bslow, the ''Tromr'', grants Bnd conveye to Trostee In trust. with Powe, of Sale. subject to the righllo collect <br />income, the following described __situated In Nebraska, COunty at HR 1 1 <br />EHI <br />Lot One (ll, Block Ninety-Four (4). of the Original Town, <br />now the City of Grand Island, Hall County, Nebraska <br /> <br />L <br /> <br />FOR THE PURPOSE OF SECUIIING: <br />CA) Performance of each agreement 01 Trustor contained herein; (8) payment of the principal sums with Intereat as provided In the terms and provisions of B <br />Noll. Security Agreement and Disclosure Statement of BYen date herewith executed by Trustor; and (C) the payment Df any money that may be advanced by <br />It'll BentIiciaJy to.TIUItor lor any,..... or 10 third partil!!lS with IntsrBst thereon. where the amounl8 are advanced to protect the security or in accordance <br />wllhthla Deed 01 Trus1 or as otherwl08 allowed bylBw. ' <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES' <br />,. To. keep the property'in good condltton and repair: not to remove or demolish any buIlding thereon; to complete or restore promptfy and in ~ and <br />workmanlb .rnanr8' any building which may be constructed; damagad. or destroyed thereon, and to pay when due aU claims for labor perforn:'Bd 'and <br />materials fumished therefor; to comply with alllaw5 anecting said property or requiring any alterations or improvemenbl to be made thereon: not 10 commit or <br />permit waste thereof; not to commit or permit any act upon the property in violation of law; and do all other acts which from the character or use 01 the <br />property may be reasonably nBCeSSary. <br />2. To provide, maintain, and deliver to Beneficiary fire Insurance satisfactory to and with lOBS payable 10 Beneficiary. The amount collected under any fire or <br />O1her Insurance policy may be applted by Beneficiary upon any indebtedness secured hereby and in such order as BenetlcJary may determine, or at option of <br />Beneficlary the entire amount so coll~ or any,part thereof may be released to Trus1or. Such application or release shall not cure or waive any defaul1 or <br />notice of Trull1ee" sale hereunder or invalidate any act done pursuant to such notice. <br />3. To appear in and detend any action or proceeding purporting 10 affect the security hereol or 1he rights or powers 01 Beneliciary or Tq.istee; and to ~y all <br />costa and expenses at Beneficiary and Trustee. including cost: of evidence of title and attorney's fees 10 the exten1 permitted by law. in any such action or <br />proceeding in which Beneficiary or Trustee may appear or be named. and in any sui1 brought by Beneficiary or Trustee to loreclose this Deed of Trust <br />4. To pay before delinquent. all taxes and assessments aff~ctin9 1hBi.PJD,perty....wh8n due. all encumbrances. c~arges, and liens. with Interest. on the property <br />~r any pal'11hereot. which appear 10 be prior Dr'superior Nribiti :-;n~ fees. ..d expenses of this Trus1, mcluding, without limit, the fees of TruB1ee for <br />Issuance of any Deed 01 Partial Release and.Pm1ial ~ce,dr 0e9d,Of Rel8a.se and Full Reconveyance, and all lawful charges. costs, and expenses <br />in lhl! event 01 reinstatement of, 1ollowing det~tt:I~'i~S:..;~~~~~8r ~;~1ons secured by this Deed of Trust i:- _ ;' <br />Should Trustor lail to make any payment oi' .1o.OG.aD}lad_.fteretn JI'I'OYfded;1Ren Beneficiary or Trustee, bu1 without obligation so to do Bnd wlthou1 n01ice <br />10 or demand upon Trustor and without releesing Trustor from any obligation hereof, may make or do the same in such manner and 10 such extent as either <br />INI)' -deem ~ry to protect the security hereol. Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and <br />defend any action or proceeding purporting 10 affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest, or <br />compromise any encumbrance. chargB, or lien which in the judgmem 0' either appears to be prior or superior hereto; and. In exercising any such powers, <br />pay necessary expenses. employ counsel, and pay his reasonable fees. as permitted by law. <br />5. To pay immedla1ely and without demand aJlsums eJ:pended by Beneficiary or Trus1ee pursuanl to the provisions hereof. together with imerest Irom date of <br />expenditure at the same Tate as la provided for in the note secured by this Deed 01 Trust Any amounts so paid by beneficiary or Trus1ee shall become a part <br />Df1he debt secured by this Deed at T~st and a lien on said premises or immedia1ely due and payable a1 optIon of Beneficiary or Trustee. <br />ITBIIUTALLYAGIIEEII:'. .. . <br />6. That -ir_award at d8maDes in connBction Wtt:h BnY condemnation or any such taking, or lor injllry 10 the property by reason of publiC use, or for damages <br />tor ptiV8le-treapaa or ~~ury 1hereto;"Ji aufgned and shall be paid to Beneficiary as further security ror all obligations secured hereby {reserving unto the <br />T~. h~~Jhe right.'19 sue ttMn*r and the o....ership thereof subjec1 to this Deed 01 Trust), and upon receipt 01 such moneys BenBficiary may hold <br />;:-:m- "'~MCUrity, or ~Iy or releue.J:he same In the same manner and with the sarpe effect as above provided lor disposition 01 proceeds of <br />. ~ l'~ ~" 1:;_ <br />7. 1baI ~ or'the tIIIIlBnClt Of this: Deed of Trust and thaI by accepting payment 01 any sum secured hereby after its due dale, Beneficiary does nol waive <br />hiw-_~._. f , n;r""f8'~pt~1""'due oral! other sums so secured OTto declare detaul1 tor faIlure so to pay <br />8. 1'hat at ~y tImI! or 1rofri time to time. and rwtthoul: no1lee, upon written reque&t of Beneficiary and presentatIon ollhis Deed of Trus1 and said nole(allor <br />.--... "" WMf w~ ~b11ity ~. and .wlthout al'fecting the personalllablllty ot any person tOt payment of the Indebtedness secured hereby. and <br />~ me security hereot for Ihe lull :&moun1 secured hereby on all property remamlng sub.rec1 hereto. and WIthout the necessIty that any sum <br />~ the value.or ~ port4(Jn!beteot Or 'the property aftected by the Trustee's action be cradited on the indebtedness, the TrusttMI may; (8) reiN" and <br />feconve, en or any part qf said J)r~ (b) corisent to the making and recording. or elthe', 01 any map or plat 01 the property or any part thetlJOt (cl join in <br />granbn; anJ' -~""eon; (d) join in or consent to any extIInsion agreement or any agreement subordinating the lien. encumbrance. or charge hontOf. <br />Q TtwI upon """*' reQuft1 of BenefICta.., SWbog that .1I.u~ HCUred hereby han ~ pan:l, and upon surrender ol1hl!l Dt!'tIod 01 Trust and SRld nOl0(51 to <br />T~ lot ~ and relW1tton.. and upon PIIymenl of its teeIi, Tt\ISIIie Shall r...... and reconvey. wlthOUI co;renant 01 tllIannnty fUpresS Of Implied, the <br />prooertr ~ heid hefeundef 'the rlK:1ta'- In such teCOnYeyanc. or anr matIera of I:lets ..hall be conclu.,vlI proof of thtt tluthfulness Ulftreol Th. grantel!lln <br />~ ~ ma,. ~ deKnbeclaa "1htI C*'MJn Of' PInOM tegaIty.-rtilled"..,...o.. <br /> <br />ORIGIN"L <br />