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<br /> TRUST DEED ° ~ cn ~
<br /> J nuar 13 2010
<br />THIS DEED OF TRUST is made on~~~~. The Trustors are Eric M. Hostetler
<br /> and Kimberly K. Hostetler, husband and wife, and Aron W. Hostetler and Patricia A. Hostetler,
<br /> husband and wife, (collectively "Borrower"). The Trustee is Denise D. Myers, of Myers & Daugherty ~ ~
<br /> Law Office, 611 N. Diers Ave., Ste. 1, Grand Island, Nebraska 6$$03, ("Trustee"). The ~ ~
<br /> beneficiaries are James R. Perkins and Terri L. Perkins, 3517 Schroeder Ave., Grand Island, NE
<br /> 68803, ("Lender"). Borrower owes Lender the principal sum of One Hundred Eighty Seven
<br /> Thousand Five Hundred and 00/100 Dollars ($187,500.00). This debt is evidenced by Borrower's
<br /> note dated the same date as this Security Instrument ("Note"), which provides for payment of
<br /> principal, plus accrued interest in annual payments. The Deed of Trust (sometimes referred to
<br /> herein as "security instrument") secures to Lender: (a) the repayment of the debt evidenced by the
<br /> Note, and all renewals, extensions and modifications; (b) the payment of all other sums advanced
<br /> under paragraph 4 to protect the security of this Security Instrument; and (c) the performance of
<br /> Borrower's covenants and agreements. Forthis purpose, Borrower irrevocably grants and conveys
<br /> to Trustee, in trust, with power of sale, the following described property located in Hall County,
<br /> Nebraska:
<br />The East Half of the Southwest Quarter (E1 /2SW 1 /4) and the Southwest
<br />Quarter of the Southwest Quarter (SW1/4SW1/4) all in Section Thirty-Six
<br />(36), Township Twelve (12) North, Range Twelve (12), West of the 6th P.M.,
<br />Hall County, Nebraska, excepting a certain tract more particularly described
<br />as Lot One (1), Perkins Acres Third Subdivision, Hall County, Nebraska.
<br />TOGETHER W ITH all the improvements now or hereafter erected on the property, and all
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
<br />rights and stock and all fixtures now or hereafter a part of the property. All replacements and
<br />additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
<br />Security Instrument as the "Property".
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby
<br />conveyed and have the right to grant and convey the Property and that the Property is
<br />unencumbered. Borrowers warrant and will defend generally the title to the Property against all
<br />claims and demands, subject to any encumbrances of record.
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />1. Payment of Principal; Prepayment and Late Charges. Borrowers shall promptly pay
<br />when due the principal on the debt evidenced by the Note and any prepayment and late charges
<br />due under the Note. Prepayment of principal or any part thereof, shall be allowed without the prior
<br />written consent of Lender.
<br />2. Charges; Liens. Borrowers shall pay all real estate taxes and assessments attributable
<br />to the Property which may attain priority over this Security Instrument, and leasehold payments or
<br />ground rents, if any.
<br />Borrowers shall promptly discharge any lien which has priority over this Security
<br />Instrument unless Borrowers: (a) agree in writing to the payment of the obligation. secured by the
<br />lien in a manner acceptable to Lenders; (b) contest in good faith the lien by, or defend against
<br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
<br />enforcement of the lien or forfeiture of any part of the Property; or (c) secure from the holder of the
<br />lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
<br />Lender determines that any part of the Property is subject to a lien which may attain priority over
<br />this Security Instrument, Lender may give Borrowers a notice identifying the lien. Borrowers shall
<br />satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of
<br />notice.
<br />3. Hazard Insurance. If required by Lender, Borrowers shall keep any improvements now
<br />existing or hereafter erected on the Property insured against loss by fire, wind, or other natural
<br />disasters, hazards included within the term "extended coverage" and any other hazards for which
<br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
<br />that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrowers
<br />subject to Lender's approval which shall not be unreasonably withheld.
<br />All insurance policies and renewals shall be acceptable to Lenders and shall include
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