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A tract of land comprising a part of the Southeast Quarter of the Southwest Quarter
<br />(SE'aSWa) of Section Thirty -six (36) , Township Nine (9) North, Range Nine (9) West of
<br />the 61h P.M., Hall County, Nebraska, said tract being more particularly described as
<br />follows: With reference to the Southeast corner of said SEaSWII; thence running N
<br />00105'11"W on the East line of said SE 4Sw 4 for a distance of 825.73 feet to the
<br />actual POINT OF BEGINNING; thence S 89 °01'59 "W for 1323.00 feet to a point on the
<br />West line of said SEaSWk; thence on an assumed bearing of N 00 002'37" W on the West
<br />line of said SE<SW'i for 515.00 feet to the Northwest corner thereof; thence N
<br />89 153'52 "E on the North line of said SE <SW, for 1322.96 feet to the Northeast corner
<br />thereof; thence S 00 005'11 "E on the East line of said SEkSWk for 995.00 feet to the
<br />POINT OF BEGINNING.
<br />The intention being to convey hereby an absolute title in fee simple, including all the
<br />rights of homestead and dower, together with all buildings, fixtures, improvements and appurtenances
<br />thereunto belonging; and all of the foregoing, together with said property are herein referred to
<br />as the "Property ".
<br />FOR THE PURPOSE OF SECURING performance of each agreement and covenant of Trustor herein
<br />contained and the payment of the principal sum of EIGHTEEN THOUSAND NINE HUNDRED THIRTEEN AND NO /100
<br />DOLLARS ($18,913.00), as evidenced by a promissory note bearing even date at the rates of interest
<br />thereon which may hereafter be paid or advanced under the terms of this Trust Deed; both principal
<br />sum and interest thereon being payable according to the terms set forth in said promissory note,
<br />reference to which is hereby made, at the offices of Beck Law Office, P.C. in Hastings, Nebraska,
<br />or at such other place as the holder may designate in writing, the final payment of principal and
<br />interest, if not sooner paid, shall be due and payable on the 5"' day of January, 2003.
<br />Trustor and Beneficiary covenant and agree as follows:
<br />1. Warranty of Title. Trustor is lawfully seized of the Property; it has good right and lawful
<br />authority to sell and convey the Property; the Property is free and clear of all liens and
<br />encumbrances except liens now of record; and Trustor will warrant and defend the title to the
<br />Property unto the Trustee and its successors and assigns forever, against the claims of all persons.
<br />Trustor, at its expense, will maintain and preserve the lien of this Trust Deed as a lien upon the
<br />Trust Property subject only to encumbrances existing as of the date hereof, will cause this Trust
<br />Deed, and each amendment or supplement thereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and in such place, and will take such other action as in the opinion of
<br />Trustee may be required by any present or future law in order to perfect, maintain and protect the
<br />lien of this Trust Deed, as the same may be from time to time amended or supplemented.
<br />2. Payment of Principal and Interest. Trustor shall punctually pay the principal of, and
<br />interest on, said promissory note including any advances thereto as provided herein on the dates and
<br />at the place and in the manner provided therein and will punctually perform all agreements,
<br />conditions and provisions of any other security instrument given in connection with this transaction.
<br />3. Preservation and Maintenance of Property. Trustor will not commit any waste upon the
<br />Property and will, at all times, maintain the same in good order and condition and will make, from
<br />time to time, all repairs, renewals, replacements, additions and improvements which are reasonably
<br />required to prevent waste, impairment, or deterioration of said property. No building or improvement
<br />now or hereafter erected upon the Property shall be altered, removed or demolished without the prior
<br />written consent of Beneficiary.
<br />9. Insurance. Trustor, at its expense, will maintain with insurers approved by Beneficiary,
<br />insurance with respect to the improvements and personal property, constituting the Property against
<br />loss by fire, lightning, tornado, and other perils covered by standard extended coverage endorsement,
<br />in an amount equal to at least one hundred percent of the full replacement value thereof; and
<br />insurance against such other hazards and in such amount as is customarily carried by owners and
<br />operators of similar properties and as Beneficiary may require for its protection. Trustor will
<br />comply with such other requirements as Beneficiary may from time to time request for the protection
<br />by insurance of the interest of the respective parties. All insurance policies maintained pursuant
<br />to this Trust Deed shall name Trustor and Beneficiary as insureds, as their respective interests may
<br />appear, and provide that there shall be no cancellation or modification without fifteen days prior
<br />written notification to Trustee and Beneficiary. In the event any policy hereunder is not renewed
<br />on or before fifteen days prior to its expiration date, Trustee or Beneficiary may procure such
<br />insurance and the cost thereof shall be added to the loan secured by this Trust Deed and shall bear
<br />interest at the greater of the interest rate specified therein or the highest interest rate
<br />authorized by the laws of the State of Nebraska. Trustor shall deliver to Beneficiary the original
<br />policies of insurance and renewals thereof or memo copies of such policies and renewals thereof.
<br />Failure to furnish such insurance by Trustor, or renewals as required hereunder shall, at the option
<br />of Beneficiary, constitute a default. All unearned premiums are hereby assigned to Trustee as
<br />additional security and a sale and conveyance of the Property by the Trustee shall operate to convey
<br />to the purchaser the Trustor's interest in and to all policies of insurance upon the Trust Property.
<br />If Beneficiary shall so request, Trustor agrees that there shall be added to each periodic payment
<br />required to be made an amount estimated by Trustee to be sufficient to enable Trustor to pay, in
<br />advance, the premiums of insurance as required under this paragraph.
<br />5. Taxes and Assessments. Trustor shall pay all taxes and special assessments levied or
<br />assessed against or due upon the Property before delinquency, and will deliver to Beneficiary copies
<br />of receipts showing payment of such taxes and special assessments. If Beneficiary shall so request,
<br />Trustor agrees that there shall be added to each periodic payment required to be made hereunder an
<br />amount estimated by Trustee to be sufficient to enable Trustor to pay, at least 30 days before
<br />delinquency, all taxes, assessments or other public charges against the Trust Property, the Note
<br />secured by this Trust Deed, or upon account of the debt or the lien of this Trust Deed, together with
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<br />THIS TRUST DEED, made this day of January,
<br />2001, by and between MICHAEL R. HARMON
<br />and
<br />ANITA R.
<br />HARMON, Husband and Wife, hereinafter called
<br />"Trustor" whose address is Route 1,
<br />Trumbull,
<br />Nebraska 68980, and KEVIN F. BECK and GRETCHEN S. BECK, Husband and Wife, whose address is
<br />2312 E.
<br />Barrows
<br />Road, Trumbull, Nebraska 68980, hereinafter called "Beneficiary" and MARK A. BECK,
<br />attorney
<br />at law,
<br />hereinafter called "Trustee" whose address is
<br />797 N. Burlington #211, Hastings,
<br />Nebraska
<br />68901.
<br />-�
<br />WITNESSETH: That Trustor, in consideration
<br />of One Dollar ($1.00) and other
<br />valuable
<br />consideration receipt whereof is hereby acknowledged, grants, conveys, sells and warrants to Trustee,
<br />O
<br />in trust, with power of sale, the following described
<br />property, situated in Hall County,
<br />Nebraska:
<br />A tract of land comprising a part of the Southeast Quarter of the Southwest Quarter
<br />(SE'aSWa) of Section Thirty -six (36) , Township Nine (9) North, Range Nine (9) West of
<br />the 61h P.M., Hall County, Nebraska, said tract being more particularly described as
<br />follows: With reference to the Southeast corner of said SEaSWII; thence running N
<br />00105'11"W on the East line of said SE 4Sw 4 for a distance of 825.73 feet to the
<br />actual POINT OF BEGINNING; thence S 89 °01'59 "W for 1323.00 feet to a point on the
<br />West line of said SEaSWk; thence on an assumed bearing of N 00 002'37" W on the West
<br />line of said SE<SW'i for 515.00 feet to the Northwest corner thereof; thence N
<br />89 153'52 "E on the North line of said SE <SW, for 1322.96 feet to the Northeast corner
<br />thereof; thence S 00 005'11 "E on the East line of said SEkSWk for 995.00 feet to the
<br />POINT OF BEGINNING.
<br />The intention being to convey hereby an absolute title in fee simple, including all the
<br />rights of homestead and dower, together with all buildings, fixtures, improvements and appurtenances
<br />thereunto belonging; and all of the foregoing, together with said property are herein referred to
<br />as the "Property ".
<br />FOR THE PURPOSE OF SECURING performance of each agreement and covenant of Trustor herein
<br />contained and the payment of the principal sum of EIGHTEEN THOUSAND NINE HUNDRED THIRTEEN AND NO /100
<br />DOLLARS ($18,913.00), as evidenced by a promissory note bearing even date at the rates of interest
<br />thereon which may hereafter be paid or advanced under the terms of this Trust Deed; both principal
<br />sum and interest thereon being payable according to the terms set forth in said promissory note,
<br />reference to which is hereby made, at the offices of Beck Law Office, P.C. in Hastings, Nebraska,
<br />or at such other place as the holder may designate in writing, the final payment of principal and
<br />interest, if not sooner paid, shall be due and payable on the 5"' day of January, 2003.
<br />Trustor and Beneficiary covenant and agree as follows:
<br />1. Warranty of Title. Trustor is lawfully seized of the Property; it has good right and lawful
<br />authority to sell and convey the Property; the Property is free and clear of all liens and
<br />encumbrances except liens now of record; and Trustor will warrant and defend the title to the
<br />Property unto the Trustee and its successors and assigns forever, against the claims of all persons.
<br />Trustor, at its expense, will maintain and preserve the lien of this Trust Deed as a lien upon the
<br />Trust Property subject only to encumbrances existing as of the date hereof, will cause this Trust
<br />Deed, and each amendment or supplement thereto, to be filed and recorded as a mortgage of the Trust
<br />Property in such manner and in such place, and will take such other action as in the opinion of
<br />Trustee may be required by any present or future law in order to perfect, maintain and protect the
<br />lien of this Trust Deed, as the same may be from time to time amended or supplemented.
<br />2. Payment of Principal and Interest. Trustor shall punctually pay the principal of, and
<br />interest on, said promissory note including any advances thereto as provided herein on the dates and
<br />at the place and in the manner provided therein and will punctually perform all agreements,
<br />conditions and provisions of any other security instrument given in connection with this transaction.
<br />3. Preservation and Maintenance of Property. Trustor will not commit any waste upon the
<br />Property and will, at all times, maintain the same in good order and condition and will make, from
<br />time to time, all repairs, renewals, replacements, additions and improvements which are reasonably
<br />required to prevent waste, impairment, or deterioration of said property. No building or improvement
<br />now or hereafter erected upon the Property shall be altered, removed or demolished without the prior
<br />written consent of Beneficiary.
<br />9. Insurance. Trustor, at its expense, will maintain with insurers approved by Beneficiary,
<br />insurance with respect to the improvements and personal property, constituting the Property against
<br />loss by fire, lightning, tornado, and other perils covered by standard extended coverage endorsement,
<br />in an amount equal to at least one hundred percent of the full replacement value thereof; and
<br />insurance against such other hazards and in such amount as is customarily carried by owners and
<br />operators of similar properties and as Beneficiary may require for its protection. Trustor will
<br />comply with such other requirements as Beneficiary may from time to time request for the protection
<br />by insurance of the interest of the respective parties. All insurance policies maintained pursuant
<br />to this Trust Deed shall name Trustor and Beneficiary as insureds, as their respective interests may
<br />appear, and provide that there shall be no cancellation or modification without fifteen days prior
<br />written notification to Trustee and Beneficiary. In the event any policy hereunder is not renewed
<br />on or before fifteen days prior to its expiration date, Trustee or Beneficiary may procure such
<br />insurance and the cost thereof shall be added to the loan secured by this Trust Deed and shall bear
<br />interest at the greater of the interest rate specified therein or the highest interest rate
<br />authorized by the laws of the State of Nebraska. Trustor shall deliver to Beneficiary the original
<br />policies of insurance and renewals thereof or memo copies of such policies and renewals thereof.
<br />Failure to furnish such insurance by Trustor, or renewals as required hereunder shall, at the option
<br />of Beneficiary, constitute a default. All unearned premiums are hereby assigned to Trustee as
<br />additional security and a sale and conveyance of the Property by the Trustee shall operate to convey
<br />to the purchaser the Trustor's interest in and to all policies of insurance upon the Trust Property.
<br />If Beneficiary shall so request, Trustor agrees that there shall be added to each periodic payment
<br />required to be made an amount estimated by Trustee to be sufficient to enable Trustor to pay, in
<br />advance, the premiums of insurance as required under this paragraph.
<br />5. Taxes and Assessments. Trustor shall pay all taxes and special assessments levied or
<br />assessed against or due upon the Property before delinquency, and will deliver to Beneficiary copies
<br />of receipts showing payment of such taxes and special assessments. If Beneficiary shall so request,
<br />Trustor agrees that there shall be added to each periodic payment required to be made hereunder an
<br />amount estimated by Trustee to be sufficient to enable Trustor to pay, at least 30 days before
<br />delinquency, all taxes, assessments or other public charges against the Trust Property, the Note
<br />secured by this Trust Deed, or upon account of the debt or the lien of this Trust Deed, together with
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