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201005354
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<br />ACKNOWLEDGEMENT
<br />We, Michael J. Koenig and Erin L. Koenig, Trustor, under that certain Deed of Trust dated.
<br />the ~`Z ~ day of ~,~• , 2010, to be entered into among Trustor, Curtis A.
<br />Sikyta, Trustee, and Doro y A. Koenig, Beneficiary, hereby acknowledge that it is understood that
<br />(a) the Deed of Trust to be executed by Trustor is a trust deed and not a mortgage and (b) the
<br />power of sale provided for in the Deed of Trust provides substantially different rights and
<br />obligations to the Trustor than a mortgage in the event of a default or breach of obligation.
<br />Trustor acknowledges that this Acknowledgment was made prior to the execution of the
<br />Deed of Trust.
<br />Executed and delivered this a2~ day of `~~.s-~ _ , 2010.
<br />oY
<br />ichael J. Koen Tru Erin L. Koenig, T for
<br />DEED OF TRUST
<br />This Deed of Trust made this vZ. day of ~ , 2010, between Michael J.
<br />Koenig and Erin L. Koenig, husband and wife, whose addres is 2648 Brennan Lane, Grand Island,
<br />Nebraska 68803, as Trustor, and Curtis A. Sikyta, whose address is POB 128, Ord, Nebraska
<br />68$62, as Trustee, and Dorathy A. Koenig, Trustee of the Dorothy A. Koenig Revocable Trust,
<br />whose address is 81456 509 A Avenue, Primrose, Nebraska 68655, as Beneficiary, witness:
<br />1. CONVEYANCE: The Trustor hereby conveys, sells and warrants to Trustee in trust,
<br />with power of sale, the following described real estate:
<br />Lot 1, Block 7, Gladstone Place, an Addition to the City of Grand Island, Hall
<br />County, Nebraska
<br />The intention being to convey hereby an absolute title in fee simple, together with all buildings,
<br />fixtures, improvements and appurtenances thereunto belonging.
<br />The Trustor covenants and agrees with the said Trustee and Beneficiary that the Trustor is lawfully
<br />seized of said premises; that Trustor has good right and lawful authority to sell and convey said
<br />premises; and that the Trustor will warrant and defend the title to said premises unto the Trustee
<br />and the Trustee's successors and assigns forever against the claims of all persons.
<br />2. TRUSTOR'S PRIMARY OBLIGATION: This Deed of Trust is given to secure
<br />performance of each agreement of Trustor herein contained and the payment of $90,000.00,
<br />together with interest thereon at the rate of 7 % per annum while current and maximum legal rate
<br />in case of default, as evidenced by a promissory note bearing even date with this deed of trust.
<br />Payments are to be in the sum of $598.77 due on or before September 1, 2010, and the final
<br />payment of $88,704.30 due on or before August 1, 2012, in accord with the promissory note or
<br />contract of even date.
<br />3. TRUSTOR'S SECONDARY RIGHTS AND DUTIES: While title is vested in the
<br />Trustee and until filing of Notice of Default, the Trustor shall:
<br />A. Retain possession of the premises and collect the rents and revenues therefrom.
<br />B. Maintain any buildings and improvements located thereon in goad condition and
<br />repair and shall not remove or sell the same without the written consent of the
<br />Beneficiary, which shall not be unreasonably withheld.
<br />C. Pay all taxes and assessments levied or assessed against or due upon said
<br />premises before delinquency and, if requested, deliver to the Beneficiary copies
<br />of receipts showing said payments.
<br />CURTIS A. SIKYTA
<br />ATTORNEY AT LAW
<br />N 15757
<br />ORD, NEBRASKA 88882.0128
<br />308-728.3839
<br />SPALDING,NE 68685
<br />308.497-2706
<br />Trust Deed
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