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351 201006 _.~___ ~ __ , ~ ___.~~ ~~__ _ _ _._. _. T._.~_ ].0.5 - Jaaob NautYt ~ Ptin4gg ca, walk. NE, ssasi DEED OF TRUST THIS DEED OF TRUST, is made as of lst day of September ~ 2010 by i and among Randall L. Buettner & Carp isle Buettner,Hus an Wi ePrustor"), whose mailing address is rand Island NE. 68801• Kevin Brostom Attorn -at-law ("Trustee'7, whose mailing address is 2 Koeni St. Grand Island NE. 68801 and Tim C. Plate, a sin. a person ("Beneficiary") whose mailing address is_._.~~33__Kuester Lake, ~_ Grand Island, NE. 68801 _ _ i FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, far the benefit and security of Beneficiary, under and subject to the terms and conditions of this Deed of Trust , the real property located in the City of Grand Island ,County of H ,State of Nebraska, and legally described as follows (the "Property"): Lot Thirty Two (32), Saddle Club Subdivision TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, streets and alleys, tltl I improvements and buildings of any kind situated thereon and all personal property that may be or hereafter became an integral part of such bulldings and improvements, all crops raised thereon, and all water rights. The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the "Trust Estate". FOR THE PURPOSE OF SECURING: a. Payment of indebtness in the total principal amount of $ 105 , 000.00 with interest thereon, as evidenced by that certain promissory note afeven date (the"Note") with a maturity date of September 1, 201 5 . , _ executed by Trustor, which has been delivered and is payable to the order of Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, extensions and renewals thereof, and I b. Pa ent of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the rate of Six & one hal 6 5 ~ercent ( . %a) per annum, and c. The performance of Trustor's covenants and agreements. This Deed of Trust, the Note, and any other instrument given to evidence ar further secure the payment and performance of any obligation secured hereby are referred to aallectively as the"Loan Instruments". TO PROTECT THE SECURITY OF THIS DEED OF TRUST: ~ 1, PAYMENT OF INDEBTEDNESS. Trustor shall pay when due tfie principal of and the interest on the indebtedness , , evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. 2. TAXES AND ASSESSMENTS. Trustor shall pay all taxes and special assessments of every kind, now or hereafter levied against the trust estate or any part thereof as follows: (initial one) Trustor shall directly pay such taxes, without notice ar demand as each installment comes due and shall provide the beneficiary with evidence of the payment of the same. i X Trustor shall pay to beneficiary one-twelfth of the real estate taxes each month and such other assessments as they became due. The one-twelfth payment shall be adjusted annually as the taxes change and truator agrees that after payment of the taxes each year that azay deficiency will be promptly paid to Beneficiary. Beneficiary agrees to provide truator with receipts showing that the real estate taxes have been paid in full and when due. 3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the unpaid principal balance of the Note (co-insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of Beneficiary and shall not be cancellable, terminable or modifiable without ten (10) days prior written notice to Beneficiary, Trustor shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate. 4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding ur ortin to p p g affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of f evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or Trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without limitation costs of evidence of title, court costs, appraisals, surveys and attorney's fees, Any such costs and expenses not paid within ten (10) days of written demand shall draw interest at the default rate provided in the Nate. 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condemnation ("Condemnation"), or should Trustor receive any notice or other information regarding such proceeding, Trustor shall give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief therefor, and shall be entitled at its option to commence, appear in and prosecute in its own name any action or proceedings. Beneficiary shall also be entitled to make any cornprnmise or settlement in connection with such taking or damage, All such compensation, awards, damages, rights of action az~d proceeds awarded to Trustor (the "Proceeds") are hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. 6. FUTURE ADVANCES. Upon request of Trustor, Beneficiary, at Beneficiary's option, prior to reconveyance of the Property to Trustor may make future advances to Trustor. Such future advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. 7. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is located and by otherwise complying with the provisior~ of the applicable law of the State of Nebraska substitute a successor or successors to the Trustee named herein or acting hei -der. 8. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, their heirs, legatees, divorcee, personal representatives, successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note, whether or not named as Beneficiary herein. 9. INSPECTION. Beneficiary or its agent may make reasonable entries upon and inspections of the Property. Beneficiary shall give Trustor notice at the time of or prior to an inspection specifying reasonable cause for the inspection. _ _..~.._ _ _ m.. __ _... .,. __. ~ _ . ~ _. ,, . _... Rev. S/95 _