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<br />TRU$T„,~EEp
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<br />THIS DEED OF TRUST is made on August ~, 2010. The Trustors are Roger D.
<br /> Hanousek and Sylvia E. Hanausek, husband and wife, (collectively "Borrowers"). The Trustee is ~ ~ , '~ ~
<br /> Denise D. Myers, attorney at law, of Myers ~ Daugherty, P.C_, 611 N. Diers Ave., Ste. 1, Grand
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<br />). The beneficiaries are Raper Day and Judy L. Day, husband
<br />and wife
<br />10965 Peaceful Valley Road
<br />Colorado Springs
<br />CO 80725
<br />and Kaylene G
<br />Hallman
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<br />single person, 2608 College Street, Grand Island, NE 68803, hereinafter collectively ("Lender").
<br /> Borrower owes Lender the principal sum of one Hundred Eighty Thousand and 00!100 Dollars
<br />($180,000.00). This debt is evidenced by Borrower's note dated the same date as this Security
<br /> Instrument ("Note"), which provides far payment of rincipal, plus accrued interest in annual
<br />ments
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<br /> Lender: (a) the repayment of the debt evidenced by the Note, and all renewals, extensions and
<br /> modifications; (b) the payment of all other sums advanced under paragraph 4 to protect the security
<br /> of this Security Instrument; and (c) the pertormanoe of Borrower's covenants and agreements. For
<br /> this purpose, orrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
<br /> fallowing described property located in Hall County, Nebraska:
<br />The Southeast Quarter (SE1/4) of Section Twenty Two (22), Township Eleven C11)
<br />North, Range Twelve (12), West of the 6'" P.M., Hall County, Nebraska EXCEPT
<br />tracts conveyed for cemetery purposes more particularly described in Boak 2, Page
<br />226; Book 22, Page 190; Book 34, Page 401; Book 66, Page 603 and Book 16fi,
<br />Page 232 and EXCEPT a tract mare particularlyy described in Warranty Deed
<br />recorded as Document No. 82-002308 and EXCEPT Lat 1, Hanausek Subdivision,
<br />Hall County, Nebraska.
<br />TOGETHER WITH all the imprav®ments now ar hereafter erected an the property, and alt
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
<br />rights and stark and all fixtures now or hereafter a part of the property. All replacements and
<br />additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
<br />Security Instrument as the "Prapert~'.
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby
<br />conveyed and have the right to grant and convey the Property and that the Property is
<br />unencumbered. Borrowers warrant and will defend generally the title to the Property against all
<br />claims and demands, subject to any encumbrances of record.
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />1. Payment of Principal; Prepayment and Late Charges. Borrowers shall promptly pay
<br />when due the principal an the debt evidenced by the Note and any prepayment and late charges
<br />due under the Note. Prepayment of principal or any part thereof, shalt be allowed at the expiration
<br />of ten (10) years from July 1, 2010, by giving written notification to the Lender, without the prior
<br />written consent of Lender.
<br />2. Charges; Liens. Borrowers shall pay all real estate taxes and assessments attributable
<br />to the Property which may attain priority over this Security Instrument, and leasehold payments or
<br />ground rents, if any.
<br />Borrowers shall promptly discharge any lien which has priority over this Security
<br />Instrument unless Borrowers: (a) agree in writing to the payment of the obligation secured by the
<br />lien in a manner acceptable to Lenders; (b) contest in good faith the lien by, or defend against
<br />enforcement of the lien in, I~al proceedings which in the Lender's opinion operate to prevent the
<br />enforcement of the lien or forfeiture of any part of the Property; ar (c) secure from the holder of the
<br />lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
<br />Lender determines that any part of the Property is subject to a lien which may attain priority aver
<br />this Secun' Instrument, Lender may give Borrowers a notice identifying the lien. Borrowers shall
<br />satisfy the lien or take one or mare of the actions set forth above within 10 days of the giving of
<br />nOtlce.
<br />3. Hazard Insurance. If required by Lender, Bangs shall keep any improvements now
<br />existing or hereafter erected on the Property insured against loss by fire, wind, or other natural
<br />disasters, hazards included within the term "extended coverage" and any other hazards for which
<br />Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
<br />that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrowers
<br />subject to Lender's approval which shalt not be unreasonably withheld.
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