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~` <br />~~ m <br />~~ <br />~1ir~ n = ° -~-~ c7 m <br />N ~~ ~ ~"~ Z 7e ~ ~ ~ ~ c S' ~ ~ <br />m ..~ <br />~ _ rn to \. rr, ~ r-= ~ c~ C7 <br />~ ~ N c> ~-- C~7 A <br />00 ~ ~, rn "U -~ ~ cs~ C~ ~ <br />r~ r- ~ `I <br />_ ~ ~ ~ f"' 2~ CJ'1 C <br />~~r , : A 1'17 <br />w~r~~ C ~ ~ ti. C.D <br />C~ C.» ~p ~ <br />__ L1EF.DS]F,TRLLST `~ ~ <br />THIS DEED OF TRUST is made on July 15, 2009. ~ <br />The Trustor/Borrower is Erives Enterprises, L.L.C.. <br />The Trustee is Clifford F. Mesner, Attorney at Law and a member of the Nebraska State Bar Association whose address <br />is P O Box 335, Central City, NE 6$$26. ,~ o <br />The Beneficiary/Lender is Housing Plus, LLC <br />Beneficiary's address is P O Box 335, Central City, NE 68826. <br />Borrower irrevocably conveys to Trustee, in Trust, with power of sale, the following: <br />Lot One Hundred Twenty Nine (129), of LARUE Subdivision, in the City of Grand Island, Hall County, <br />Nebraska. <br />Together with all the rents and profits therefrom and subject to easements and restrictions of record, if any. <br />thereof <br />Borrower owes Lender $29,500.00, evidenced by Borrower's note of even date, payable according to the terms <br />This Security Instrument secures to Lender the Debt evidenced by said note, the payment of all other sums, with <br />interest, advanced under the provisions hereafter to protect the security and the performance of Borrower's covenants <br />and agreements. <br />Borrower covenants that Borrower is lawfully seised of such real estate and has the legal power and lawful <br />authority to convey the same and warrants and will defend title to the real estate against the lawful claims of all persons. <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br />1, Borrower shall pay when due, the principal and interest as provided in said note. <br />2. All payments received by Lender shall be first applied to advances which may have been made by Len der and <br />then to interest due and last to principal due. <br />3. Borrower shall pay all general real estate taxes and special assessments against the property before the same <br />become delinquent. <br />4. If Lender determines that any part of the property is subject to a lien, except for Borrower's Construction <br />Financing, which is or may attain priority over this security instrument, Lender may give Borrower a notice identifying the <br />lien and Borrower shall satisfy the lien within 10 days. <br />5. Borrower shall keep the improvements on said premises insured against Ions by fire and hazards included <br />within the term "extended coverage" for their insurable value and policies for the same shall include a standard mortgage <br />clause showing Lender herein. In event of loss, Lender may make proof of loss if not promptly made by Borrower. <br />Insurance proceeds shall be applied to restoration or repair of the property damaged, unless both parties otherwise agree, <br />except if restoration or repair is not economically feasible or Lender's security is not lessened, otherwise said proceeds <br />shall be paid on the debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from insurance shall <br />not extend or postpone the due date of the monthly payments provided in said note, or change the amount of the <br />payments. <br />6. Borrower shall keep described Property in compliance with all applicable laws, ordinances and regulations <br />relating to industrial hygiene or environmental protection (collectively referred to herein as "Environmental Laws"). <br />Borrower shall keep the Property free from all substances deemed to be hazardous or toxic under any Environmental <br />Laws (collectively referred to herein as "Hazardous Materials"). Borrower hereby warrants and represents to Lender that <br />there are no Hazardous Materials on or under the Property. Borrower hereby agrees to indemnify and hold harmless <br />Lender, its directors, officers, employees and agents, and any successors to Lender's interest, from and against any and <br />all claims, damages, losses and liabilities arising in connection with the presence, use disposal or transport of any <br />Hazardous Materials on, under, from or about the Property. THE FOREGOING WARRANTIES AND <br />REPRESENTATION, ANp BORROWER'S O BLIGATIONS PURSUANT TO THE FOREGOING INDEMNITY, SHALL <br />SURVIVE RECONVEYANCE OF THIS DEEb OF TRUST. <br />7. If Borrower fails to perform the covenants and agreements herein contained. Lender may do and pay for <br />whatever is necessary to protect the value of the property and Lender's rights in the property, including the paying of any <br />