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<br />DEED OF TRUST
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<br />THIS TRUST DEED made this-AV day of ;ove�, 2004, between HEIDI L.
<br />GARCIA, a single person, as TRUSTOR, whose address is 422 East 4th Street, Grand
<br />Island, Nebraska, 68801; John M. Cunningham, Attorney at Law, a member of the t
<br />Nebraska State Bar Association, as TRUSTEE, whose address is 222 North Cedar
<br />Street, P.O. Box 2280, Grand Island, Nebraska, 68802; and COONEY PROPERTIES,
<br />INC., a Nebraska Corporation, whose address is 239 Lakeside Dr., Grand Island,
<br />Nebraska, 68801, as BENEFICIARY.
<br />�.
<br />WITNESSETH: '
<br />That TRUSTOR hereby grants, bargains, sells, conveys and warrants to
<br />TRUSTEE, IN TRUST, his heirs, devisees, personal representatives, successors and
<br />assigns, with power of sale, the following- described real property:
<br />Lot Eight (8), in Block Twenty -Seven (27), in the Original Town, now City
<br />of Grand Island, Hall County, Nebraska,
<br />together with all improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARY
<br />that she is is lawfully seized and the owner of the above - described property;
<br />that she has has good right and lawful authority to sell and convey said premises
<br />and that said premises are free and clear of all liens and encumbrances, and
<br />further, that TRUSTOR 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 TRUSTOR herein
<br />contained and the payment of THREE THOUSAND TWO HUNDRED FORTY -FIVE DOLLARS
<br />($3,245.00), payable in sixty (60) monthly payments of Sixty -Five Dollars and Two
<br />Cents ($65.02), with the first payment due January 1, 2005, and a like payment
<br />on the 1st day of each month thereafter until paid; the TRUS70R has executed a
<br />Trust Deed Note bearing even date, at the rate of interest and on the terms and
<br />conditions as set forth in such Trust Deed Note until paid. The principal sum
<br />and interest shall be payable in accordance with and upon the terms and
<br />conditions of said Trust Deed Note of even date, and in any event the entire
<br />principal balance due hereunder and any accrued interest shall be paid on
<br />December 31, 2009. All payments due hereunder shall be paid at the address of
<br />the BENEFICIARY as above described, or at such other place as such BENEFICIARY
<br />or the holders of said security shall designate in writing. All installment
<br />payments hereunder shall be applied first to the payment of interest on the
<br />unpaid balance, pursuant to the Amortization Schedule, a copy of which has been
<br />provided to each of the parties hereto, and the remainder of each payment of such
<br />installment to be applied on principal.
<br />It is agreed by and between the parties hereto that while title is vested
<br />in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall:
<br />A. Retain possession of the property at all times, except as may be otherwise
<br />agreed by the parties in writing.
<br />B. Maintain the residence and any other improvements located on the real
<br />property in good condition and repair.
<br />C. Pay all general and special taxes and all special assessments of every
<br />kind levied or assessed against or due upon said property before
<br />delinquency, and to deliver to BENEFICIARY copies of receipts showing
<br />payment of such taxes each year.
<br />D. Procure and maintain policies of all -risk insurance on said improvements,
<br />in sums and underwritten by companies acceptable to the BENEFICIARY, in an
<br />amount at least equal to the property's full insurable value, which
<br />policies shall name the BENEFICIARY as additional insured, with the
<br />proceeds payable to the parties as their interests may appear hereunder.
<br />TRUSTOR agrees to provic° BENEFICIARY with copies of such policies or
<br />certificates of insuranc-- during the term of this indebtedness, which
<br />policies of insurance may not be cancelled by said carrier without fifteen
<br />(15) days written notice to BENEFICIARY.
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