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2OiUU'719G
<br />DEED OF TRUST
<br />THIS DEED OF TRUST, is made as of the ~.rr day of October, 2010, by and among Kleine
<br />Funeral Home, Inc., Larry G. Kleine, President, ("Trustor"), whose mailing address is 3213 W. North
<br />Front, Grand Island, NE 68803; and James A. Gallant ("Trustee") whose mailing address is P.O. Box
<br />509, Scribner, NE 68057; and Douglas D. O'Brien, ("Beneficiary") whose mailing address is P.O. Box
<br />390683, Omaha, NE 68139.
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to
<br />Trustee, 1N TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this Deed of Trust, the real property located in the County of Hall,
<br />State of Nebraska, and legally described as follows (the "Property"):
<br />Lat 19, Warren Subdivision, and Addition to the City of Grand Island, Hall County, Nebraska, and as North
<br />one-half interest of Lot 1, DRD Subdivision, City of Grand Island, Hall County, Nebraska
<br />TOGETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining
<br />roads, streets and alleys, improvements and buildings of any kind situated thereon and all personal
<br />property that may be or hereafter become an integral part of such buildings and improvements, all crops
<br />raised thereon, and all water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to
<br />collectively as the "Trust Estate".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtedness in the total principal amount of $110,000.00, with interest
<br />thereon, as evidenced by that certain promissory note of even date (the "Note") executed by Trustor,
<br />which has been delivered and is payable to the order of Beneficiary, and which by this reference is
<br />hereby made a part hereof, and any and all modifications, extensions and renewals thereof, and
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust estate, with interest
<br />thereon at the rate of six percent (6%) per annum.
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the
<br />payment and performance of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay, when due, the principal of and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the
<br />Loan Instruments.
<br />2. TAXES. Trustor shall pay each installment of all taxes and special assessments of every
<br />kind now or hereafter levied against the Trust Estate or any part thereof, before delinquency, without
<br />notice or demand, and shall provide Beneficiary with evidence of the payment of same. Trustor shall pay
<br />all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of
<br />Trust or the debt secured hereby, without regard to any law that may be enacted imposing payment of the
<br />whole or any part thereof upon the Beneficiary.
<br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire and extended coverage
<br />insurance insuring the improvements and buildings constituting part of the Trust Estate for an amount no
<br />less than One hundred ±en thousand ~ no/1..00 deLars ($110.000.00). Such insurance policy shall contain
<br />a standard mortgage clause in favor of Beneficiary and shall not be cancelable, terminable or modifiable
<br />without ten (10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and
<br />replace the Trust Estate or any part thereof so that, except far ordinary wear and tear, the Trust Estate
<br />shall not deteriorate. In no event shall the Trustor commit waste on or to the Trust Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or
<br />Trustee, and shall pay all costs and expenses, including cost of evidence of title and attorney's fees, in
<br />any such action or proceeding in which Beneficiary or Trustee may appear. Should Trustor fail to make
<br />any payment or to do any act as and in the manner provided in any of the Laan Instruments, Beneficiary
<br />and/or Trustee, each in its awn discretion, without obligation so to do and without notice to or demand
<br />upon Trustor and without releasing Trustor from any obligation, inay make or do the same in such
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