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<br />~ <br />~~ <br />~ <br />t':-4: <br />," <br />~ <br />~, <br />f <br /> <br />;JO <br />m <br />"T1 <br />c: <br />()oS <br />~>~ <br />("')(1) <br />"'x <br /> <br />~ <br />~ <br />U'\ <br /> <br />2~ <br />~~ <br />x <br /> <br /> ;'"'-"r~ <br /> ,'.;;:;:..,) (') CIJ <br /> ~.~;J <br /> -.;J 0 --" <br /> ,--- (~- c:: :r> <br /> ~'"'. "\, -.. <br />':~)' c:::: ~-- <br />i..J. --j ITI <br />rT1 ~\:: Z <br />G";' .-< C) <br /> c,",')~, r->.,) 0 -"1 <br />C ..~.. <br />-'1 0 'l <br /> -. <br />,;.J --.,.- (-'J <br />r'l ~\ ::n 'r:>- ::; 1 <br />[T'; ::3 r ;:.~) <br />0 l\ I ;:;- <br />~, <br />U' ,~ I--' (I) <br /> ',' 1--' ^ <br /> (' l> <br /> U1 ---- ---- <br /> -...J (f) <br /> (I) <br /> <br />N <br />G <br />G <br />-...J <br />G <br />(]l <br />...... <br />0) <br />0) <br /> <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 /> <br />-1- <br /> <br />0 ~ <br />N S- <br />a ~ <br />0 <br /> - <br />-...J ~ <br />0 <br />en i <br />I--' <br />m <br />CJ') ~ <br />~ <br />~~ <br /> ~ <br />