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<br />DEED OF TRUST
<br />
<br />THIS TRUST DEED made this ~ day of June, 2007, between HELEN E. POHL
<br />and JAMES A. POHL, (mother and son, both single persons), as TRUSTORS, whose
<br />address is c/o Heartland Antique Mall, 216 W. 3ro Street, Grand Island, Nebraska
<br />68801; JOHN M. CUNNINGHAM, a member of the Nebraska State Bar Association, as
<br />TRUSTEE, whose address is 222 N. Cedar Street, Grand Island, Nebraska 68801;
<br />and BETTE M. TINER, whose address is 2411 Lakewood Drive, Grand Island,
<br />Nebraska 68801, as BENEFICIARY.
<br />
<br />WITNESSETH:
<br />
<br />That TRUSTORS hereby grant, bargain, sell, convey and warrant to TRUSTEE,
<br />IN TRUST, his successors and assigns, with power of sale, the following-
<br />described real property:
<br />
<br />LOT SIX (6), IN BLOCK FIFTY-SIX (56), IN THE ORIGINAL
<br />TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA
<br />
<br />together with all improvements and appurtenances thereon.
<br />
<br />The TRUSTORS hereby covenant and agree with the TRUSTEE and BENEFICIARY
<br />that they are lawfully seized and the owners of the above-described property;
<br />that they have has good right and lawful authority to sell and convey said
<br />premises and that said premises are free and clear of all liens and
<br />encumbrances, and further, that TRUSTORS will warrant and defend the title to
<br />said premises forever against the claims of all persons whomsoever.
<br />
<br />For the purpose of securing performance of each agreement of TRUSTORS
<br />herein contained and the payment of ONE HUNDRED THOUSAND DOLLARS ($100,000.00),
<br />the TRUSTORS have executed a Trust Deed Note bearing even date, at the rate of
<br />interest and on the terms and conditions as set forth in such Trust Deed Note
<br />until paid. The principal sum and interest shall be payable in accordance with
<br />and upon the terms and conditions of said Trust Deed Note of even date, and in
<br />any event the entire principal balance due hereunder and any accrued interest
<br />shall be paid on August I, 2011. All payments due hereunder shall be paid at
<br />the address of the BENEFICIARY, Bette M. Tiner, as above described, or at such
<br />other place as such BENEFICIARY or the holders of said security shall designate
<br />in writing. All installment payments hereunder shall be applied first to the
<br />payment of interest on the unpaid balance, pursuant to the Amortization
<br />Schedule, a copy of which has been provided to each of the parties hereto, and
<br />the remainder of each payment of such installment to be applied on principal.
<br />
<br />It is agreed by and between the parties hereto that while title is vested
<br />in the TRUSTEE and until filing of Notice of Default, the TRUSTORS shall;
<br />
<br />A. Retain possession of the property at all times, except as may be
<br />otherwise agreed by the parties in writing.
<br />
<br />B. Maintain the building and any other improvements located on the
<br />real property in good condition and repair.
<br />
<br />C.
<br />
<br />Pay all general and special taxes and all
<br />every kind levied or assessed against or
<br />before delinquency, and to deliver to
<br />receipts showing payment of such taxes each
<br />
<br />special assessments of
<br />due upon said property
<br />BENEFICIARY copies of
<br />
<br />year.
<br />
<br />D. Procure and maintain policies of all-risk insurance on said
<br />improvements, in sums and underwritten by companies acceptable to
<br />the BENEFICIARY, in an amount at least equal to the property's full
<br />insurable value, which policies shall name the BENEFICIARY, Bette
<br />
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