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<br />DEED OF TRUST
<br />THIS DEED OF TRUST, made this ~~~ day of ~~ A.D. , 2010,
<br />by and between Adrian Arellano and Estella Arellano, husband and wife, of the ~
<br />County of Hall and State of Nebraska, hereinafter called "Trustor" (whether °
<br />one or more), and Ronald S. Depue, Attorney at Law, of Hall County, Nebraska,
<br />hereinafter called "Trustee," and Donald L. Day, a single person, whose
<br />address is 304 N. Boggs, Grand Island, NE 68803, hereinafter called
<br />"Beneficiary";
<br />WITNESSETH, 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, for 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 />The West Sixty (60) Feet of the East Half (E1/2) of Block Fifteen
<br />(15) in Windolph'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 ail, 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, IN TRUST HOWEVER and WITH POWER OF SALE hereby expressly
<br />granted unto the said Trustee, Trustee's successors, and assigns for the
<br />purpose of securing:
<br />(a) The payment of Trustor's just indebtedness to Beneficiary in the
<br />principal sum of Twenty-seven Thousand Dollars ($27,000.00) 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 Adrian Arellano and Estella Arellano, husband and wife, and providing for
<br />the payment of said indebtedness in installments, subject to acceleration of
<br />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 Nate or any agreement or instrument
<br />executed by Trustor in connection with the indebtedness hereby secured; and
<br />
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