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<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
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