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-- ~oG ~ ~ <br />"~' <br />N ~~ ~ v ~ <br />~~~ <br />~ ~, <br />~= <br />~_~ ~ ~ ~ <br />~~ ~ a ~ ~ <br />~~ ~, <br />~~ <br />_ ~ DEED OF TRUST <br /> <br /> <br />~ ~~ <br />O ~ <br />Q z <br /> ~, <br />~ ~ <br /> ~ ~ ~ N <br /> <br /> <br />~, ~ ~ -~ ~ ~ <br />-~ ~ -~ <br /> ~ <br /> , <br />~ <br />~ <br />~ ~ <br />~ <br />~~ <br /> <br /> ='~ <br />cn ~ ~ --.] <br /> ~ N <br /> C.] ~-- <br /> CJ ~ M <br /> <br /> <br />THIS TRUST DEED made this ~ day of January, 2010, between RANDALL S. ~• <br />MENDYK and MAUREEN TERESE MENDYK, husband and wife, as TRUSTORS, whose address ~ ~ <br />is 1104 Kennedy Drive, Grand Island, Nebraska 68803; JOHN M. CUNNINGHAM, a ~~~ <br />member of the Nebraska State Bar Association, as TRUSTEE, whose address is 222 c_•, <br />N. Cedar Street, Grand Island, Nebraska 68801; and LEROY C. HOELCK and MARGARET <br />A. HOELCK, husband and wife, as joint tenants with right of survivorship, not <br />tenants in common, whose address is 1405 W. Koenig Street, Grand Island, <br />Nebraska 68801, as BENEFICIARIES. <br />WITNESSETH: <br />That TRUSTORS hereby grant, bargain, sell, convey and warrant to TRUSTEE, <br />TN TRUST, their heirs, devisees, personal representatives, successors and <br />assigns, with power of sale, the following described real property: <br />LOT TWO (2), BLOCK TWO (2), COLONIAL ESTATES SEVENTH SUBDIVISION <br />IN THE CITY OF GRAND ISLAND, HAIL COUNTY, NEBRASKA, knowm as <br />1104 Kennedy Drive, Grand Island, Nebraska <br />together with all improvements and appurtenances thereon. <br />The TRUSTORS hereby covenant and agree with the TRUSTEE and BENEFICIARIES <br />that they are lawfully seized and the owners of the above described property; <br />that they have 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 TRUSTORS will warrant and defend the title to said premises <br />forever against the claims of all persons whomsoever. <br />For the purpose of securing performance of each agreement of TRUSTORS <br />herein contained and the payment of ONE HUNDRED FIFTY NINE THOUSAND EIGHT <br />HUNDRED NINETY FOUR DOLLARS (5159,894.00), the TRUSTORS have executed a Trust <br />Deed Nate bearing even date, at the rate of 5.5~ interest on the terms and <br />conditions as set forth in such Trust Died 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 />February 1, 2035. All payments due hereunder shall be paid at the address of <br />the BENEFICIARIES as above described, or at such other place as such <br />BENEFICIARIES or the holders of said security shall designate in writing. All <br />.installment payments hereunder shall be applied first to the payment of <br />interest on the unpaid balance, pursuant to the Amortization Schedule, a copy <br />of which has been provided to each of the parties hereto, and the remainder of <br />each payment of such installment to be applied on principal. A copy of said <br />Amortization Schedule marked Exhibit "A" is attached to the Trust Deed Note. <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 TRUSTORS shall: <br />A. Retain possession of the property at all times, except as may be <br />otherwise agreed by the parties in writing. <br />B. Maintain the residence and any other improvements located on the <br />real property in good condition and repair. <br />C. Pay all general and special taxes and all special assessments of <br />every kind levied or assessed against or due upon said property <br />before delinquency, and to deliver to BENEFICIARIES copies of <br />-1- <br />