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Xi <br />rfl <br />fV <br />B a <br />�� ' Sri <br />0 � ". Mi 0 <br />e <br />Co <br />ESDace Above This Line For Recording Datal <br />Return to: Prairie Title, Inc., P.O. Box 309, Hastings NE 68902 <br />DEED OF TRUST <br />C <br />r "rl <br />Co <br />Co <br />CD <br />The West Half (W YZ) of the Southwest Quarter (SW %4) of Section 10 and the <br />North Half (N 1/2) of the Northwest Quarter (NW %) of Section 15, all in Township <br />9 North, Range 10 West of the 6 P.M., Hall County, Nebraska, <br />THIS DEED OF TRUST, is made and entered into as of September 16, 2013, by and <br />among Larry D. Toben and Jennifer S. Toben, husband and wife, whose mailing address is <br />13075 S. 60 Rd., Doniphan, Nebraska 68832 (herein collectively the "Trustor "); and Marlon M. <br />Lofgren, an attorney licensed in the State of Nebraska whose mailing address is 1125 South <br />103rd Street, Suite 800, Omaha, NE 68124 (herein "Trustee "); and Diann K. Fleharty and Lyle <br />C. Fleharty, Co- Trustees of the Diann Fleharty Trust, dated September 22, 1994, as further <br />amended and restated on December 15, 2011 whose mailing address is 790 East Lochland <br />Road, Hastings, NE 68901 (herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys and <br />assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of <br />Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the following <br />described real property, located in Hall County, Nebraska: <br />TOGETHER WITH all rents, profits, royalties, income and other benefits derived from <br />the real property; all leases or subleases covering the real property or any portion thereof, now <br />or hereafter existing or entered into, and all right, title and interest of Trustor thereunder; all <br />interests, estates, or other claims, both in law and in equity, which Trustor now has or may <br />hereafter acquire in the real property; all easements, rights -of -way, tenements, hereditaments <br />and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water <br />stock; all right, title and interest of Trustor, now owned or hereafter acquired, in and to any land <br />lying within the right -of -way of any street or highway adjoining the real property; and any and all <br />buildings, fixtures, improvements, and appurtenances now or hereafter erected thereon or <br />belonging thereto (herein referred tows "Improvement" or "Improvements "). All of the foregoing <br />property and interests conveyed to Trustee are herein collectively referred to as the "Property ". <br />This Deed of Trust is given to secure a certain promissory note dated September 16, <br />2013 in the principal sum of $540,000.00 (herein referred to as the "Note ") and interest thereon <br />After recording, return to: <br />Marlon M. Lofgren <br />Koley Jessen P.C., L.L.O. <br />1125 South 103'" Street, Suite 800 <br />Omaha, NE 68124 <br />