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<br />THIS DEED OF TRUST, made this / day of _, A.D. , ~~
<br />2010, by and between Donald D. Randolph and Jill M. Ra dolph, su band and Q
<br />wife, of the County of Hall and State of Nebraska, hereinafter called
<br />"Trustor" (whether one or more), and Ronald S. Depue, a member of the
<br />Nebraska State Bar Association, of Hall County, Nebraska, hereinafter called
<br />"Trustee," and Jolene M. Fredrick, a single person, whose address is 2301 W.
<br />Second Street, Grand Island, Nebraska, hereinafter called "Beneficiary";
<br />wTTNESSETH, 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, far 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 />Lots One (1), Two (2), Three (3), Four (4) and Five (5), Block
<br />Eighteen (18), Baker's Addition to the city of Grand Island, Hall
<br />County, Nebraska.
<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 />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 />All fixtures, improvements, buildings, and the plumbing, heating,
<br />ventilating and lighting systems and equipment therein, all of which
<br />shall be construed and considered as affixed to and part of the real
<br />estate.
<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 />TO HAVE AND TO HOLD the same unto the said Trustee, Trustee's successors
<br />and assigns forever, TN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br />granted unto the said Trustee, Trustee's successors, and assigns far the
<br />purpose of securing:
<br />(a) The payment of Trustor's just indebtedness to Beneficiary in the
<br />principal sum of Two Hundred Thousand Dollars ($200,000.00) for money
<br />borrowed, with interest thereon, all as evidenced by and in strict accordance
<br />with the terms of that certain promissory note hereinafter called the "Note",
<br />bearing even date herewith made payable to the order of Beneficiary, executed
<br />by Donald D. Randolph and Jill M. Randolph, husband and wife, and providing
<br />for the payment of said indebtedness in installments, subject to acceleration
<br />of maturity on default in the payment of any installment of principal or
<br />interest or in the performance of any covenant, agreement or warranty
<br />contained in this Deed of Trust;
<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
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