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<br />~~ ~° DEED OF TRUST `'~ O
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<br />THIS TRUST DEED made this 27`'' day of April, 2010, by and between ST. MARY'S
<br />CHURCH OF GRAND ISLAND, NEBRASKA, a Corporation, whose principal office is in Grand
<br />Island, Nebraska as TRUSTOR, and William A. Francis, A Member of the Nebraska State Bar
<br />Association, as TRUSTEE, and D10CESE OF GRAND ISLAND, a Nebraska Corporation, c'
<br />hereinafter referred to as BENEFICIARY.
<br />WITNESSETH:
<br />That TRUSTOR hereby grants, bargains, sells, conveys and warrants to TRUSTEE, IN
<br />TRUST, his successors and assigns, with power of sale, the following-described real property:
<br />Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8),
<br />Block Eighty-six (86), in Original Town, now City of Grand Island, Hall
<br />County, Nebraska, and that part of vacated Division Street, as shown in
<br />Ordinance No. 8534, filed August 13, 2001, in the Register of Deeds Office, as
<br />Document No. 200108070, and that part of vacated alley as shown in
<br />Ordinance No. 4735, filed August 15,1969, in Book 19, Page 128.
<br />together with all buildings, improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE that TRUSTOR is
<br />lawfully seized and the owner of the above-described property; that it has good right and lawful
<br />right and authority to sell. TRUSTOR will warrant and defend the title to said premises forever
<br />against the claims of all persons whomsoever.
<br />For the purpose of securing performance of each agreement of TRUSTOR herein contained
<br />and the payment of One Million Five Hundred Five Thousand One Hundred Forty-Nine
<br />DOLLARS ($1,505,149.00), the TRUSTOR has executed a Promissory Note bearing even date, at
<br />the rate of interest and on the teams and conditions as set forth in such Note until paid. The
<br />principal sum and interest shall be payable in accordance with and upon the terms and conditions of
<br />said Note of even date, and in any event the entire principal balance due hereunder and any accrued
<br />interest shall be paid on March 15, 2021. All installment payments hereunder shall be applied first
<br />to the payment of interest computed monthly on the unpaid balance, pursuant to
<br />the Amortization Schedule, a copy of which has been provided to each of the parties hereto, and
<br />remainder of each payment of each installment to be applied to principal. All payments due
<br />hereunder shall be paid at the chancery office of the BENEFICARY or as the holder of said security
<br />shall designate in writing.
<br />It is agreed by and between the parties hereto that while title is vested in the TRUSTEE and
<br />until filing of Notice of Default, the TRUSTOR shall:
<br />A. Retain possession of the property at all times, except as may be otherwise agreed by the
<br />parties in writing.
<br />B. Maintain the building and its improvements and all personal property in good condition
<br />and repair.
<br />C. Pay all general and special taxes and all special assessments of every kind levied or
<br />assessed against or due upon said property before delinquency, and to deliver to
<br />BENEFICARY copies of receipts showing payment of such taxes.
<br />D. Procure and maintain policies of all-risk insurance on said improvements, in sums and
<br />underwritten by companies acceptable to the BENEFICARY, in an amount of at least One
<br />Million Fife Hundred Fife Thousand One Hundred Forty-Nine DOLLARS
<br />($1,505,149.00), which policies shall name the BENEFICARY as additional insured(s),
<br />with the loss proceeds payable to the parties as their interests may appear hereunder.
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