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<br />DEED
<br />OF TRUST
<br />10th
<br />'PHIS DEED
<br />is made as of
<br />day of
<br />,TdRUdry
<br />Xj�i4i OO9
<br />,Icy
<br />anti
<br />And among
<br />DANIEL L.
<br />- IIANIEL L. _ JOURNEY ..T
<br />NANCY
<br />URINEY, Husband and( "'p}6fibr "), whose
<br />mailing address is— - -
<br />,
<br />whose mailing address is 2209 F. Stnlley Park Ed Grand island BE 62801 ^
<br />FOR VALUABLE CONSIDERATION, Trustnr incvocably transfers, convoys and assigns to Trustee, IN TRUST, WITH 7
<br />POWER OF SALE, for the b.eflt and security of BeacGcimy, wide and suboset to the terms and conditions of this Deed ofTmst,
<br />the real for sporty located in the City of Grand Island , County of
<br />hall --- __ —. State of Nebraska, and legally described as follows (the "Property'):
<br />Lot One (1), Valley View Third Subdivision, in the City of Grand Island, Hall
<br />County, ebraska
<br />TOGETHER WITH, all marts, casomenta, appmtcnances, herediturne arts, uneresfx in adjoining roads, streets and alleys,
<br />improvements aid buildings of any kind situated thereon and all personal property that may be or hereafter became an integral
<br />part .1 suet, buildings and improvements, .11 crop. raised thereon, nad all water rights.
<br />The Property and the entire estate and interest conveyed to file Trustee are referred to collectively as the "Trust Estate ".
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of hndebLmss in the total principal amount of $_
<br />951000.00_ will, interest theremn, as evidenced by that
<br />care. promissory note of even date (the.'Notd7wrtha mvturay date uf Feb. 1_2013 {Balloon. Payment) _ I
<br />ecuted by Tnwter, which has been delivered and is payable to the order of Beneficiary, and edu'h by this reference is hereby
<br />made a part hereof, and any and all modifications, extensions and renewals thereof, and li
<br />I, Payment of all sums dvnmed by Beneficiary to protect the Trust Estate, with interest thereon at the rate of
<br />Six & One Hallereent( 6kZ 9„)por inumm and
<br />c. The performance of Trustnr's covenants and agreements.
<br />This Used of Trust, the Note, and any other instrument given to evidence or further secure the payment and
<br />performance many obligation aeeured hereby are referred to collectively as the "Loan Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />I. PAYMENT OF INDEBTEDNESS. Trusts, shall pay when due the principal of, and the interest on, the indebtedness
<br />evidenced by the Note, charges, fees and all other sums as provided in the Loan instruments.
<br />2. TAXES AND ASSESSMPNTS. Truster shall pay all taxes
<br />�,Ga�nd speeigl assessments, of every kind, now or hereafter levied
<br />against the treat estate'- any part thereof as fallow.: � % 1o744GiJ� -6h-d) /)! pe
<br />(initial one) % !A.
<br />Tractor shall directly pay such taxes, without notice or demand as each installment comes due and shall j
<br />provide the beneficiary with evidence of the payment of the same_
<br />Trusts, shall pay to bomficimy am twalNn of the rein estate nixes each month and such other assessments
<br />us they became due. The one- twelfth payment shall be adjusted ...ally as the taxes change and truster agrees that
<br />after payment of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees
<br />to provide truster with receipts showing that the real estate taxes have been paid in full and when due.
<br />3. INSURANCE AND REPAIRS. Truster shall maintain fire and extended coverage insurance insuring the improvements
<br />and buildings constituting part of the Trust Estate for an amount me less than the amount of the unpaid principal balance of the
<br />Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of
<br />Beneficiary and shall not be cancellable, terminable or modifiable without ten (10) days prior written notice to beneficiary.
<br />Truster shall promptly repair maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and
<br />tear the Trust Estate shall not detereants. 1. no event shall the Truster commit waste on or to the Trust Estate.
<br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding purporting to
<br />affect the security, hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and expenses, including cost of
<br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Truster
<br />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
<br />Trustee, each in its own discretion, without obligation .so to do and without notice to or demand upon Truster and without
<br />releasing Trust', finon any obligation, may make or do the same in such manner and to such extent as either may deem
<br />... sury to protect the security hereof Truster shall, immediately upon demand therefor by Beneficiary, pay all costs and
<br />expenses in red by Beneficiary in ......Linn with the exercise by Beneficiary of the foregoing rights, including without
<br />limitation 'cots decimals of title, court coats, appraisal., oa vcy, and attorneys fees. Any such costs and expenses not paid
<br />within ten (10) days of written demand shall draw interest at the default rata provided in the Note.
<br />5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by reason of
<br />any public imprnvmnent or ondemnatinn proceeding, or any .the, roamer including well in lieu of Condemnation
<br />("Condominium'), or should Trusts receive any notice or other information regarding such proceeding, Trustnr shall give prompt
<br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other payments or relief
<br />therefor, nad shall be cautled ut its option to connu.nee, appear in mid prosecute in its own roan any action or proceedings.
<br />Bemficimq shall also be entitled to make any compromise or settlement in connection with such toldng or damage, All such
<br />umpensution, awards, damages, rights of action and proceeds awarded to Truster (the "Proceeds') are hereby assigned to
<br />Buncficiary and Truster agrees w execute such further assignments of the Proceeds m Beneficiary or Trustee may require
<br />8. FUTURE ADVANCES. Upua request of Truster• Beneficiary, at Beneficiary a option, prior to roconvnymmn of the Property
<br />to Trustnr may make future adv.caa to Trust.'_ Such future advances, with interest thereon, shall be secured by this Deed of
<br />Trust when evidenced by promissory notes stating that said notes are secured hereby.
<br />Rev.
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