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<br />Return to: Prairie Title, Inc., P.O. Box 309, Hastings NE 68902
<br />DEED OF TRUST
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<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
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