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BENEFICIARY <br />DRIED OF TRUST 1019'76 AVC'n FINANCIAL SERVICES <br />INTERNATIONAL, INC. <br />... IAd4ifts) .... _... <br />GRAND ISLAND ,NEBRASKA <br />THIS DEEM OF TRUST, Made this. - --9th- --.day of APS;7i __, 19_A7_, between _80H1'iA T. <br />hosivi rafter called TRUSTOR, whose address is__1M NO) T8 ST F a_ffiI and <br />-- hereinafter called TRUSTEE, whose address isle, <br />and AVCO iINANCiAL, SERVICES INTERNATIONAL, INC., a Nebraska corporation, hereinafter called BENEFICIARY, .whose address is <br />WITNESSETH: That Trustor GRANTS, CONVEYS, SELLS AND WARRANTS TO TRUSTEE, IN TRUST, WITH POWER OP SALE, the following described <br />property, situated in HATT. _ County, Nebraska: <br />Lot Five (5), in Geer Subdivision of Lots Six (6), Seven (7) and Eight (8), <br />Garrett's subdivision of the Northeast Quarter (M) of Section Nine (9), <br />Totifnsbip Eleven (11) North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nabraska <br />ciao known as 1710 NO= ST PAUL RD, GRAND ISLAND, NE 68801 <br />(Number and Street) <br />together with all buildings and f cir•hlrealter erected thereon and all screens, awnings, shades, storm sash and blinds, and heating, lighting, 41 plumbing, gas, electric, ventilatin , r ng equipment used in connection therewith, all of which, for the purpose of this Deed of <br />Trust, shall be deemed fixtures and t b the hereditaments and appurtenances pertaining to the property above described, and all <br />streets, lanes, alleys, passages, ways, iberties and privileges, whatsoever thereunto belonging or in anywise appertaining and the <br />reversions and remainders, all of which is referred to hereinafter as the "premises". <br />TO HAVE AND TO HOLD the above - described premises, with the appurtenances and fixtures, unto the said Beneficiary, its successors and assigns, forever, for <br />the purposes and uses herein set forth, free from all rights and benefits under and by virtue of any Homestead Exemption taws of the State of Nebraska <br />which may be enacted, which said rights and benefits the said Trustor does hereby expressly release and waives. <br />Trustor also assigns to Beneficiary all rents, issues and profits of said premises, granting the right to collect and use the same, with or without taking possession of <br />the premises, during continuance of default hereunder, and during continuance of such default authorizing Beneficiary to enter upon said premises acid /or to collect <br />and enforce the same without regard to adequacy of any security for the indebtedness hereby secured by any lawful means including appointment of a receiver in <br />the name of any party hereto, and to apply the same less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebted- <br />ness secured hereby, in rich order as Beneficiary may determine. <br />FOR THE PURPOSE OF SECURING: (1) Performance of each agreement of Trustor contained herein; (2) Payment of the principal sum with interest, as <br />provided in accordance with the terms and provisions of a Promissory Note / Loan Agreement (hereinafter referred to as "promissory note ") dated <br />April 9. 1987 herewith executed by Trustor and payable to the order of Beneficiary, in the Principal sum of <br />S and having the date of its final payment due on 419191 or as extended, <br />deferred or rescheduled by renewal or refinance; (3) Payment of any additional advances, with interest thereon as may hereafter be loaned by Beneficiary <br />to Trustor in a maximum sum of $ _.SSW- 08 within 15 years from the date of this Deed of Trust; however, <br />this paragraph does not constitute a commitment by Beneficiary to make future advances; (4) The payment of any money that may be advanced by the <br />Berteficiary to Trustor for any reason or to third parties, with interest thereon, where the amounts are advanced to protect the security in accordance with the <br />covenants of this Deed of Trust; (5) Any renewal, refinancing or extension of said promissory note, or any other agreement to pay which may be substituted <br />therefor. <br />All payments made by Trustor on the obligation secured by this Deed of Trust shall be applied in the following order: <br />FIRST: 'To the payment of taxes and assessments that may be levied and assessed against said premises, insurance premiums, repairs, and all other charges <br />and expenN agreed to be paid by the Trustor. <br />SECOND: To the payment of interest due on said loan. <br />THIRD: To the payment of principal. <br />TO PROTECT THE SECURITY HEREOF, TRUSTOR(S) COVENANTS AND AGREES: 11) to keep said premises insured against loss by fire and other <br />hazards, casualty and contingencies up to the full value of all improvements for the protection of Beneficiary in such manner, in such amounts, and in such <br />companies as Beneficiary may from time to time approve, and that loss proceeds (less expense of collection) shall, at Beneficiary's optione be applied on said <br />indebtedness, whether due or not or to the restoration of said improvements. In event of loss Tiustot will give immediate notice by mail to the Beneficiary. <br />who may make proof of loss if not made promptly by Trustor, and each insurance company concerned is hereby authorized and directed to make payment for <br />such loss directly to the Beneficiary instead of to the Trustor. (2) To pay all taxes and special assessments c f any kind that have been or may be levied or <br />assessed upon said premises, and to delivery to Beneficiary, upon request of the Beneficiary, the official receipt showing payment of all such taxes and <br />a t0. <br />(3) In the event of default by Trustor under Paragraphs I or 2 above, Beneficiary, at its option, may (a) place and keep such insurance above <br />provided for in force throughout the life of this Deed of Trust and pay the reasonable premiums and charges therefor; (b) pay all said taxes and assessments <br />without determining the validity thereof; and (c) Pay such liens and all such disbursements shall be deenhed a part of the indebtedness secured by this Deed of <br />Tram and shall- be immediately due and payable by Trustor to Beneficiary. 14) To keep the buildings and other improvements now existing or hereafter <br />creclivil fn good condition and repair, not to commit or suffer any waste or any use of said premises ontrary to resirictigns of record or contrary to law, and <br />to parfark Beneficiary to enter at all reasonable times for the purpose of inspecting the premises; not to remove or demolish any building thereon; to restore <br />promptly and in a goad and workmardike manner any buildings which may be damaged or destroyed thereon, and to pay, when due, all claims for labor performed <br />and materials furnkhad therefor; (5) That, if a signer of the Promissory Note, he will pay, promptly the indebtedness secured hereby, and perform all other obliga- <br />tionsin full compliance with the terms of said Promissory Note and this Deed of Trust. (6) That the time orpayment of the indebtedness hereby secured, or of any <br />f, flay be extended or renewed, and any postions of the premises herein described may, without notice, be released from the Tien hereof, without <br />=or al the personal liability of any person or the priority of this Deed of Trust. (7) That he does hereby forever warrant and will forever defend the <br />postarsdon thervolsisfainst tho lawful claims of any and all persons whatsoever. <br />f! M MUTUALLY AGREED THAT- <br />(t) Sheadif Trustor fail to make any payment or do any act as herein provided. or if any action or proceeding is commenced which materially affects <br />Hadiriery-4 Interest in the Premises, then Beneficiary or Ttustiec, but without obligation to do so, and without notice to or demand upon Trustor, and <br />Without Trustor from any obligation hereunder, may make or do the same, and may pay, purchase, e'onte%t Pt comproint %e any e'nclnrlbrance, charge <br />or am, which in the judgment of either appears to afters said property; and fu exercising any such powers, incur any liability and cxpenJ whatever amounts in <br />the ablaulare diaretion of Beneficiary or Trustee either may deem necessary therefor. All sums so incurred or expended by Beneficiary or 'Trustee shall he <br />wildiout demand t lily due and payable by Tfustor, shall bear interest at the highest rate permitted by law, and shall he secured herebv. <br />(2) ShoUld the Prentlses Of any part thereof he lake" by reason of anv condemnation proceeding, Bcneficiary shall be entitled to all e')t11pC114:1 thOtt, award% <br />and other payments therefor, and to apply the same on the indebtedness weurvd hereby. <br />Or fly socaptuis payment of any surri hereby secured afef Its due date, of after the filini: of no l". eel defaull and of election to sell, llenetl, mry dtall not <br />water its right to r tae profnpt pmymeo� whin due of all other sums so seetired, in to lictlare default for t.olurt 1" so pay, in Ire pl„<eed wfth lilt, s:dc undvi <br />any M, nest a of last and of clomtKni to wit, for any unpaid 6alana;e of said uldebeedttess, It Hesidwiaty holds ale} additional cvurt1% for am oblhvation <br />wc;urad herat +y, sl "say eRr,,F,:c the isle therr,d at its oplii, ", cithet before, contrnipsivanc oil %1v wish, -after the Cdr i% made hercutldei <br />�� <br />