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<br />THIS TRUST DEED made this 0 day of j1n;� c�, 2001, between
<br />KATHRYN A. THORNBRUGH, a single person, as TRUSTOR, whose address is 309 E.
<br />Division, Grand Island, Nebraska 68801; JOHN M. CUNNINGHAM, a member of the
<br />Nebraska State Bar Association, as TRUSTEE, whose address is 222 N. Cedar St.,
<br />P.O. Box 2280, Grand Island, Nebraska 68802 -2280; and DONALD R. MASON and DORIS
<br />A. MASON, husband and wife, as joint tenants with right of survivorship, not
<br />tenants in common, whose address is 4716 Tara Ct., Grand Island, Nebraska 68801,
<br />as BENEFICIARIES.
<br />WITNESSETH:
<br />That TRUSTOR hereby grants, bargains, sells, conveys and warrants to
<br />TRUSTEE, IN TRUST, his heirs, devisees, personal representatives, successors and
<br />assigns, with power of sale, the following- described real property:
<br />Lot Three (3), Block One Hundred Forty -Eight (148), Union Pacific Railroad
<br />Company's Second Addition to the City of Grand Island, Hall County,
<br />Nebraska,
<br />together with all improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARIES
<br />that she is lawfully seized and the owner of the above - described property; that
<br />she has good right and lawful authority to sell and convey said premises and that
<br />said premises are free and clear of all liens and encumbrances, except a First
<br />Deed of Trust in favor of Popular Financial Services, L.L.C., in the principal
<br />sum of Twenty -eight Thousand Seven Hundred Twenty Dollars ($28,720.00) and
<br />further, that TRUSTOR will warrant and defend the title to said premises forever
<br />against the claims of all persons whomsoever.
<br />For the purpose of securing performance of each agreement of TRUSTOR herein
<br />contained and the payment of TEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS AND FORTY -
<br />THREE CENTS ($10,860.43), the TRUSTOR has executed a Trust Deed Note bearing even
<br />date, at the rate of interest and on the terms and conditions as set forth in
<br />such Trust Deed Note until paid. The principal sum and interest shall be payable
<br />in accordance with and upon the terms and conditions of said Trust Deed Note of
<br />even date, and in any event the entire principal balance due hereunder and any
<br />accrued interest shall be paid on March 1, 2011. All payments due hereunder
<br />shall be paid at the address of the BENEFICIARIES as above described, or at such
<br />other place as such BENEFICIARIES or the holders of said security shall designate
<br />in writing. All installment payments hereunder shall be applied first to the
<br />payment of interest on the unpaid balance, pursuant to the Amortization Schedule,
<br />a copy of which has been provided to each of the parties hereto, and the
<br />remainder of each payment of such installment to be applied on principal.
<br />It is agreed by and between the parties hereto that while title is vested
<br />in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall:
<br />A. Retain possession of the property at all times, except as may be otherwise
<br />agreed by the parties in writing.
<br />B. Maintain the residence and any other improvements located on the real
<br />property in good condition and repair.
<br />C. Pay all general and special taxes and all special assessments of every
<br />kind levied or assessed against or due upon said property before
<br />delinquency, and to deliver to BENEFICIARIES copies of receipts showing
<br />payment of such taxes each year.
<br />D. Procure and maintain policies of all -risk insurance on said improvements,
<br />in sums and underwritten by companies acceptable to the BENEFICIARIES, in
<br />an amount at least equal to the property's full insurable value, which
<br />policies shall name the BENEFICIARIES as additional insureds, with the
<br />proceeds payable to the parties as their interests may appear hereunder.
<br />TRUSTOR agrees to provide BENEFICIARIES with copies of such policies or
<br />certificates of insurance during the term of this indebtedness, which
<br />policies of insurance may not be cancelled by said carrier without fifteen
<br />(15) days written notice to BENEFICIARIES.
<br />E. In the event the TRUSTOR fails or neglects to pay taxes and procure
<br />casualty insurance, all as above set forth, then BENEFICIARIES may pay
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<br />THIS TRUST DEED made this 0 day of j1n;� c�, 2001, between
<br />KATHRYN A. THORNBRUGH, a single person, as TRUSTOR, whose address is 309 E.
<br />Division, Grand Island, Nebraska 68801; JOHN M. CUNNINGHAM, a member of the
<br />Nebraska State Bar Association, as TRUSTEE, whose address is 222 N. Cedar St.,
<br />P.O. Box 2280, Grand Island, Nebraska 68802 -2280; and DONALD R. MASON and DORIS
<br />A. MASON, husband and wife, as joint tenants with right of survivorship, not
<br />tenants in common, whose address is 4716 Tara Ct., Grand Island, Nebraska 68801,
<br />as BENEFICIARIES.
<br />WITNESSETH:
<br />That TRUSTOR hereby grants, bargains, sells, conveys and warrants to
<br />TRUSTEE, IN TRUST, his heirs, devisees, personal representatives, successors and
<br />assigns, with power of sale, the following- described real property:
<br />Lot Three (3), Block One Hundred Forty -Eight (148), Union Pacific Railroad
<br />Company's Second Addition to the City of Grand Island, Hall County,
<br />Nebraska,
<br />together with all improvements and appurtenances thereon.
<br />The TRUSTOR hereby covenants and agrees with the TRUSTEE and BENEFICIARIES
<br />that she is lawfully seized and the owner of the above - described property; that
<br />she has good right and lawful authority to sell and convey said premises and that
<br />said premises are free and clear of all liens and encumbrances, except a First
<br />Deed of Trust in favor of Popular Financial Services, L.L.C., in the principal
<br />sum of Twenty -eight Thousand Seven Hundred Twenty Dollars ($28,720.00) and
<br />further, that TRUSTOR will warrant and defend the title to said premises forever
<br />against the claims of all persons whomsoever.
<br />For the purpose of securing performance of each agreement of TRUSTOR herein
<br />contained and the payment of TEN THOUSAND EIGHT HUNDRED SIXTY DOLLARS AND FORTY -
<br />THREE CENTS ($10,860.43), the TRUSTOR has executed a Trust Deed Note bearing even
<br />date, at the rate of interest and on the terms and conditions as set forth in
<br />such Trust Deed Note until paid. The principal sum and interest shall be payable
<br />in accordance with and upon the terms and conditions of said Trust Deed Note of
<br />even date, and in any event the entire principal balance due hereunder and any
<br />accrued interest shall be paid on March 1, 2011. All payments due hereunder
<br />shall be paid at the address of the BENEFICIARIES as above described, or at such
<br />other place as such BENEFICIARIES or the holders of said security shall designate
<br />in writing. All installment payments hereunder shall be applied first to the
<br />payment of interest on the unpaid balance, pursuant to the Amortization Schedule,
<br />a copy of which has been provided to each of the parties hereto, and the
<br />remainder of each payment of such installment to be applied on principal.
<br />It is agreed by and between the parties hereto that while title is vested
<br />in the TRUSTEE and until filing of Notice of Default, the TRUSTOR shall:
<br />A. Retain possession of the property at all times, except as may be otherwise
<br />agreed by the parties in writing.
<br />B. Maintain the residence and any other improvements located on the real
<br />property in good condition and repair.
<br />C. Pay all general and special taxes and all special assessments of every
<br />kind levied or assessed against or due upon said property before
<br />delinquency, and to deliver to BENEFICIARIES copies of receipts showing
<br />payment of such taxes each year.
<br />D. Procure and maintain policies of all -risk insurance on said improvements,
<br />in sums and underwritten by companies acceptable to the BENEFICIARIES, in
<br />an amount at least equal to the property's full insurable value, which
<br />policies shall name the BENEFICIARIES as additional insureds, with the
<br />proceeds payable to the parties as their interests may appear hereunder.
<br />TRUSTOR agrees to provide BENEFICIARIES with copies of such policies or
<br />certificates of insurance during the term of this indebtedness, which
<br />policies of insurance may not be cancelled by said carrier without fifteen
<br />(15) days written notice to BENEFICIARIES.
<br />E. In the event the TRUSTOR fails or neglects to pay taxes and procure
<br />casualty insurance, all as above set forth, then BENEFICIARIES may pay
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