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85- 004134 <br />1 DEED OF TRUST <br />THIS TRUST DEED made this <� / day of August, 1985, between <br />TIMOTHY J. MOHANNA and LOUISE M. MOHANNA, husband and wife, as <br />TRUSTORS, whose address is 104 West Oasis Place, Cairo, Nebraska <br />68824; B. J. CUNNINGHAM, JR., Attorney at Law, 222 North Cedar <br />Street, P. O. Box 2280, Grand Island, Nebraska 68802 as TRUSTEE; <br />and GLENN LaVERNE ROBERTS, whose address is 606 West Egypt Street, <br />Cairo, Nebraska 68824 as BENEFICIARY. <br />WITNESSETH: <br />That TRUSTORS hereby grant, bargain, sell, convey and warrant <br />to TRUSTEE IN TRUST, his successors or assigns, with power of <br />sale, the following described real property: <br />Lot Eiqht (8) of Harb Subdivision of Block Two (2), Inqalls <br />Turner Sub - Division in the Village of Cairo, Hall County, <br />Nebraska. <br />together with all buildings, improvements and appurtenances thereon, <br />together with the personal property described in the Installment <br />Sale Contract dated the 9 day of August, 1985, between the <br />TRUSTORS and BENEFICIARY. <br />The TRUSTORS hereby covenant and agree with the TRUSTEE and <br />BENEFICIARY that they are lawfully seized and the owners of the <br />above described property; that they have good, right and lawful <br />authority to sell and convey said premises and that said premises <br />are free and clear of all liens and encumbrances and further, that <br />TRUSTORS will warrant and defend the title to said premises forever <br />against the claims of all persons whomsoever. <br />For the purpose of securing performance of each agreement of <br />TRUSTORS herein contained and the payment of FORTY -THREE THOUSAND <br />SIX HUNDRED FIFTY DOLLARS ($43,650.00), as evidenced by a Promissory <br />Note bearing even date, at the rate of interest and on the terms <br />and conditions as set forth in such Note until paid. The principal <br />sum and interest shall be payable in accordance with and upon the <br />terms and conditions of said Note of even date, and in any event <br />the entire principal balance due hereunder and any accrued interest <br />shall be paid on September 1, 2001. All installment payments here- <br />under shall be applied first to the payment of interest computed <br />monthly on the unpaid principal balance, pursuant to an amortization <br />schedule, a copy of which has been provided to each of the parties <br />hereto, and the remainder of each installment to be applied to <br />principal. All payments due hereunder shall be paid at the residence <br />of the BENEFICIARY as above described, or at such other place as <br />such BENEFICIARY or the holder of said security shall designate <br />in writing. <br />It is agreed by and between the parties hereto that while title <br />is vested in the TRUSTEE and until filing of Notice of Default, the <br />TRUSTORS shall: <br />A. Retain possession of the premises at al]. times, <br />except as may be otherwise agreed by the parties <br />in writing. <br />B. Maintain the buildings and improvements and all <br />personal property sold under the parties' Install- <br />ment Sale Contract, in good condition and repair. <br />C. Pay all general and special taxes and all special <br />L assessments of every kind levied or assessed <br />against or due upon said property before delin- <br />quency, and to deliver to BENEFICIARY copies of <br />receipts showinq payment of such taxes. <br />