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COTS :d 85^-. 106568 <br />DEED OF TRUST <br />This Deed of Trust is made this nth day of NOVHDber 19 86 by and among Charles D. Bosselman <br />Janet Kay Bosselman _ Husband alai "fife hereinafter referred to an "Trustor," <br />whose ceiling &"team Ss QMW is <br />Attorney at law, hereinafter referred to as "Trustee." :'whose sailing address is <br />islgnd, NF. E488M • and In OVERLAt16 NATIONAL SANK OF GRAND ISLAND, hereinafter referred to as <br />sficiary, whose sailing address -is P. .0. Boat 1688, Grand Island, Nebraska 68802. <br />For valuable consideration, Trustor irrevocably grants, transfers. conveys and assigns to Trustee, in <br />trust; with power of sale, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the folloving-descrlbed property, located in Hall County, <br />Nebraska, to -w1t: <br />Lot Eighteen (18) in Wildwood Subdivision Hall County. Nebraska, AND <br />Lot Twenty (20) in Wildwood Subdivision, Hall County, Nebraska, AND <br />Lot Nineteen (19) in Wildwood Subdivision, Hall County, Nebraska, AND <br />Lot Seven (7) in Block Four (4), Mlat of Riverside Acres, to the City of <br />Grand Island, Hall County, Nebraska., AND SEE 'UMMIT A" ATTACHED <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privi- <br />leges and appurtenances located thereon or in any way pertaining thereto, and the rents, issues. profits, <br />reversions and the remainders thereof, including all such personal property that to attached to the Improve- <br />ments so as to constitute a fixture, all of which, Including replacements and additions thereto, are hereby <br />declared to be a part of the real estate conveyed in trust hereby, it being agreed that all of the fore- <br />going shall be hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(a) the payment of indebtedness evidenced by Trustor's note of even date herewith in <br />the principal am of One HLIDEIred Thousand & No/100- -($ 100,OW.00 ), together <br />with interest at the rate or rates provided therein, or the principal and interest on any <br />future advance not to exceed the total principal sum initially secured hereby as evidenced <br />by promissory notes stating they are secured hereby, and any and all renewals, modifications <br />and extensions of such notes, both principal and interest on the notes being payable in <br />accordance with the terms set forth therein, which by this reference is hereby made a part <br />hereof; <br />(b) the performance of each agreement and covenant of Trustor herein contained; and <br />(c) the payment of any sum or sums of money which may be hereafter paid or advanced <br />by Beneficiary under the terms of this Deed of Trust, together with interest thereon at the <br />rate provided in the note. <br />To protect the security of this Deed of Trust, Trustor hereby covenants and agrees as follows: <br />1. Payment of Indebtedness. To pay when due, the principal of, and the interest on, the indebted- <br />ness evidenced by the note, charges, fees and all other sums as provided in the loan instruments. <br />2.. Title. Trustor is the owner of the property and has the right and authority to execute this <br />Deed of Trust in respect to the property. <br />3. Taxes and Assessments. To pay, when due, all taxes, special assessments and all ether charges <br />against the property, before the ease become delinquent, and, in the event Beneficiary shall so require, <br />to add to the payments required under the note secured hereby, such amount as may be sufficient to en- <br />able Beneficiary to pay such taxes, assessments or other charges as they become due. <br />4. Insurance. To keep the improvements now or hereafter located on the real estate described <br />herein Insured against damage by fire and such other hazards as Beneficiary may require, in amounts and <br />companies acceptable to Beneficiary, and with loss payable to Beneficiary. In case of loss under such <br />policies. Beneficiary 1s authorized to adjust, collect and comproulse, in its discretion, all claims <br />thereunder and, at its sole option, is authorized to either apply the proceeds to the restoration of the <br />property or upon the indebtedness secured hereby, but payments required by the note shall continue. until <br />the gross secured hereby are paid in full. <br />S. Repair, Maintenance and Use. To promptly repair, restore or rebuild any buildings or Improve - <br />wants now or hereafter on the property; to keep the property in good condition and repair, without waste <br />and free from mechanics or other liens not expressly subordinated to the lien hereof; to not make, suffer <br />or permit any nuisance to exist nor to diminish or impair the value of the property by any act or omission <br />to act; and to coaply with all requirements of law with respect to the property. <br />6. Condemnation. In the event the property, or any part thereof, shall be taken by eminent domain, <br />beneficiary is entitled to collect and receive all compensation which may be paid for any property taken <br />or for damages to property not taken, and Beneficiary shall apply such compensation, at Its option, <br />either to a reduction of the indebtedness secured hereby or to repair and restore the property so taken. <br />7. Performance by beneficiaryr. Beneficiary may, but shall have no obligation to, do any act which <br />Trustor has *grand but failed to do, and Beneficiary any also do any act it deems necessary to protect <br />the lien hereof. Trustor agrees to repay, upon demand, any sums so expended by Beneficiary for the <br />above purposes. sad any am an expended by Beneficiary shall be added to the indebtedness secured here- <br />by and become recited by the lien hereof. Beneficiary shall not incur any personal liability because of <br />anything it say do or oast to do bereunder. <br />S. Assignments of Rents. beneficiary shall have the right, power and authority during the con - <br />ttauanee of this Dead of Trust to collect the rents, issues and profits of the property and of any per - <br />sonai property located thereon with or without taking possession of the property affected hereby, and <br />Truster hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. <br />Beneficiary, however, hereby comments to Trustor's collection and retention of such rents, issues and <br />profits as they access and become payable, so long me Trustor is not, at such tile, in default with r -- <br />*peot,to payment of +any indebtedness secured hereby, or in the performance of any agreement hereunder. <br />If any *a* of default described boreaftmr In respect to this Deed of Trust shall hams occurred and be <br />coat:isuisg, beneficiary. as a setter of right sad without notice to Trustor or anyone clalaing hander <br />Trustor, and wItbout retard to the value of the trust estate or the interest of the Trustor therein, <br />sball have the right to apply to any court having jurisdiction to appoint a receiver of the property. <br />9, t2kmC94#1omr. beneficiary, or its agents, representatives or workmen, are authorised to enter <br />at any reasonable time upon or in any part of the property for the purpose of inspecting the same and <br />for this purposa of performing any of the acts it Is authorized to perform under the terms of any loan <br />inettiaeats executed by Trustor, <br />iii. LVIStigr ofd proz_r`ty. If .ill or any part of th+n property or anv intere -At of Trustor therein <br />