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<br />---------- THIS DEED OF TRUST, made this d~"\\- day of ~t~ ~o&-; A.D.~c;.
<br />2008, by and between Friedrich L. Gosda and Heather M. Gosda, husband ande-o
<br />wife, of the County of ~kLL. and State of Nebraska, hereinafter
<br />called "Trustor" (whether one or more), and Ronald S. Depue, Attorney at Law,
<br />of Hall County, Nebraska, hereinafter called "Trustee," and Alvin L. Gosda
<br />and Cyndia Gosda, husband and wife, whose address is 2916 West 17th Street,
<br />Grand Island, NE 68803, hereinafter called "Beneficiary";
<br />
<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 />The North Fifty-four Feet (N54') of Lot Seven (7) and all of Lot
<br />Eight (8), Block Fifteen (IS), in South Grand Island, an Addition
<br />to the City of Grand Island, Hall County, Nebraska, excepting
<br />therefrom a tract of land deeded to the City of Grand Island and
<br />recorded in the Register of Deeds Office, Hall County, Nebraska, in
<br />Book 164, Page 671.
<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 Four Hundred Twenty-five Thousand and 01/100 Dollars
<br />($425,000.01) for money borrowed, with interest thereon, all as evidenced by
<br />and in strict accordance with the terms of that certain promissory note
<br />hereinafter called the "Note", bearing even date herewith made payable to the
<br />order of Beneficiary, executed by Friedrich L. Gosda and Heather M. Gosda,
<br />husband and wife, and providing for the payment of said indebtedness in
<br />installments, subject to acceleration of maturity on default in the payment
<br />of any installment of principal or interest or in the performance of any
<br />covenant, 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 />
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