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<br />~ DEED OF TRUST ~ 01 \\ '- "-
<br />
<br />THIS DEED OF TRUST, made this /~L day of :./~ , A.D. ~
<br />2008, by and between Brooke J. Eilts an Donna Eilts, hus nd and wife, of ~
<br />the County of Hall and State of Nebraska, hereinafter called "Trustor"
<br />(whether one or more), and Ronald S. Depue, Attorney at Law, of Hall County,
<br />Nebraska, hereinafter called "Trustee," and Ardith May, whose address is 2530
<br />North Webb Road, Grand Island, NE 68803, hereinafter called "Beneficiary";
<br />
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<br />WITNESSETH, That the Trustor, for good and valuable consideration,
<br />including the debt and trust hereinafter mentioned and created, and the sum
<br />of one dollar to Trustor paid by the said Trustee, the receipt and suffi-
<br />ciency of which is hereby acknowledged, does by these presents, irrevocably
<br />grant, bargain and sell, convey, assign and confirm unto the said Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under
<br />and subject to the terms and conditions of this Deed of Trust, the following
<br />described real property situated in Hall County, Nebraska, to-wit:
<br />
<br />Lot Seven (7), Homestead Second Subdivision, Hall County, Nebraska.
<br />
<br />TOGETHER with and including all and singular the tenements, heredita-
<br />ments, appurtenances and privileges thereunto belonging or in anywise
<br />appertaining, whether now or hereafter acquired, which shall include, without
<br />limiting the generality of the foregoing, the following:
<br />
<br />All of the rents, issues and profits, including all rents, royalties,
<br />bonuses and benefits under any existing or future oil, gas or mineral or
<br />other leases; all easements and rights of way; all rights of homestead
<br />and homestead exemption and any surviving spouse's marital or distribu-
<br />tive share, and all other contingent rights in and to said premises; and
<br />
<br />All fixtures, improvements, buildings, and the plumbing,
<br />ventilating and lighting systems and equipment therein, all
<br />shall be construed and considered as affixed to and part of
<br />estate.
<br />
<br />heating,
<br />of which
<br />the real
<br />
<br />All of the foregoing estate, property and interest hereby conveyed to the
<br />said Trustee is hereinafter collectively referred to as the "Property."
<br />
<br />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors
<br />and assigns forever, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br />granted unto the said Trustee, Trustee's successors, and assigns for the
<br />purpose of securing:
<br />
<br />(a) The payment of Trustor's just indebtedness to Beneficiary in the
<br />principal sum of Fifty-four Thousand Nine Hundred Seventy-five and 28/100
<br />Dollars ($54,975.28) for money borrowed, with interest thereon, all as
<br />evidenced by and in strict accordance with the terms of that certain
<br />promissory note hereinafter called the "Note", bearing even date herewith
<br />made payable to the order of Beneficiary, executed by Brooke J. Eilts and
<br />Donna Eilts, and providing for the payment of said indebtedness in install-
<br />ments, subject to acceleration of maturity on default in the payment of any
<br />installment of principal or interest or in the performance of any covenant,
<br />agreement or warranty contained in this Deed of Trust;
<br />
<br />(b) The performance of each agreement, covenant and warranty of Trustor
<br />herein contained or set forth in the Note or any agreement or instrument
<br />executed by Trustor in connection with the indebtedness hereby secured; and
<br />
<br />(c) The payment of any sum or sums of money with interest thereon which
<br />may be hereafter paid or advanced under the terms of this Deed of Trust.
<br />
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