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<br />$g._ 100634
<br />DF�. -D OF TRUST
<br />This DM) of 'MUST is made this 8thday of February, 1989, by and among DAVID p, DUBBS
<br />eund PAIRTCTA A. JXWS. _hushar d and wife, herein referred to as 'Vnmtors, " whose mailing
<br />address is Ht. I_& 4 airo� N 68824; 'III STA'I'G MW OF CAIRO, a Nebraska Banking Corporation,
<br />hereinafter referred to as "Tint -e," whose mailing address is Boa 04, Cairo 9-68824-, and
<br />sTA BANK OF CADl40, a Nebrasiost BsuilcinR Cornoration hereinafter referred to as
<br />"Deneficiary," whose mailing address is Box 428, Cairo, NE 68824.
<br />For valuable consideration, Trustors irrevocably grant, transfer, convey and assign to
<br />Trustee, in trust, with power of sale, for the benefit and security of Beneficiary, under and
<br />subject to the terms and conditions of this ,Teed of 'Trust, the following described real
<br />property located in Hall County, Nebraska:
<br />The South 141a].f of the - 1kmUwest: Htnariter• (tSV2SWV,14) of %c iio n robe (1), Tbwnship,lll
<br />Isorith, large 12, West . of the 6th P.M...., Mall Okmmity 116a1Dnnrisks, exce -pt l*bbs Second Subdii<vizf* i.
<br />together %Ith-all fixtums„ streets,,.-al1:e
<br />,nights,, jrivileges ;ancd aiffnwtenances locattted t;heref=, and i.+11 per. dial pnmpertnr that, rrmay;be
<br />ar�' hereafter become an- :i rp tegral part of s udi. buildings and kgv=v�rrts, ra:lL. -6r ips raised
<br />thereon, and all water rights, all of which.,.including replacements and additions thereto,
<br />are hereby declared to be a part of the real estate conveyed in trust hereby, it being agreed
<br />that all of the foregoing shall be hereinafter referred to as the "Property."
<br />a. Payment of indebtedness evidenced by Trustors' note of even date herewith in the
<br />principal sum of $ 80,000.00 , together with interest at the rate or rates provided therein,
<br />and any and all renewals, modifications and extensions of such note, both principal and
<br />interest on the note being payable in accordance with the terms set forth therein, which by
<br />this reference is hereby made a part hereof;
<br />b. 'The performance of each agreement and covenant of Trustors herein contained; and
<br />c. Zhe payment of all sums advanced by Beneficiary under the terms of this Deed of f�
<br />Toast, togCL[1Ci' with interest thereon at the rate provided in the note.
<br />in Pnmmm TED; smwTY OF THIS DEED OF mm, TmARS um mmm OdmAyr Am AGM:
<br />I. To pat when due, the principal d. and the interest on, the indebtedness evidenced by the note, charges, fees and a? .2p: etas as provided —"
<br />in the loan ins`rusents.
<br />t. Trustors are the owners of the rrs er`5 atd. .e the right and authority to execute this Deed of Trust in respect to the property.
<br />3. To pay, when due, all taxes, special anesnes:s and all other charges against the property, before tan tame becoae delinquent. Trustors
<br />shall pay all taxes and assessments which aa? n :a� A upon BeneficiaW.s interest herein or upon .his Deed of Trust or the debt secured hereby,
<br />without t ac-" to an law that na be wz:st3 r Beneficiary, — m-
<br />eg . � t y :apos.ttg payment of the Thole or any part thereof aeon. ttb
<br />4. Tc keep the iapravements now or hem' ter located on the property insured against duage tp fire and such other hazards as the Beneficiary
<br />aay require, in amounts -arts companies accep table to the Beneficiary, Such insurance pcticy shall contain a standard mortgage clause in .favor a:
<br />Beneficiary. Trustor shall promptly repair, maintain and replace the property or any part thereof, so that, except for ordinary year and tear, the
<br />property shall not deteriorate.
<br />5. In the event the property, or any part thereof, shall be taken by eminent domain, the Beneficiary is entitled to collect and receive all
<br />compensation which may be paid for any property taken or for duages to property not taken, and the Beneficiary shal l apply such compensation, at its
<br />option, either to a reduction of the indebtedness secured hereby, or to repair and restore the property so taken.
<br />S. The Beneficiary aay, but shall have no obligation to, do any act which Trustors have agreed but failed to do, and the Beneficiary may also do
<br />any act it deems necessary to protect the lien hereof. Trustors agree to repay, upon dexand, any suss so expended by the Beneficiary for the above
<br />Purposes, and any sum so expended shall be added to the indebtedness secured hereby and becoae secured by the lien hereof. The Beneficiary shill no
<br />incur any liability because of anything it aay do or omit to do hereunder.
<br />T. The Beneficiary shall have the right, power and authority during the continuance of this Deed of Trust to collect the rents, issues acrd
<br />profits of the property and of any personal property located thereon with or without taking possession of the property affected hereby, and Trastors
<br />hereby absolutely and unconditionally assign all such rents, issues and profits to the beneficiary. The beneficiary, however, hereby consents to
<br />Trustors' collection and retention of such rents, issues and profits, so long as Trustors are not. at such time, in default with respect to papent of
<br />any indebtedness secured hereby, or in the performance of any agreement hereunder. If any event of default described hereafter in respect to this
<br />Deed of Trust shall hang occurred and be continuing, the Beneficiary, as a aatter of right and without notice to Trustors or anyone claiming under
<br />Trustors, and without regard to the value of the trust estate or the ir;terest of the Trustors there-M, stall have the right to apply to any court
<br />having jurisdiction to appoiet a. receiver of the property. -
<br />6. The Beneficiary.'.sr W zgnU. are authorized to enter at any reasonable tine upon or it ny. :-art cf tre ::;;perty °o- tke purpose �*
<br />inspecting the same and for the parpsse cf ,perforaing =7 of the acts they are authorized to perforo ureer t -e T- *ns of any l .-ar. instruxents "exe;cted t
<br />by Trustors.
<br />P. if idl or any part of the property �r any iyterest of Trusrcss is sot,;, transferred cr without tae x*it`wr consent of the
<br />tenei:c ty j: the Beneficiary nay declare 611 sus s c"ura; 17 this Trust Deed to to `r..zediately jue arid spite sn; proceed the readies available
<br />b: it =aer the default rmv sicns conta:ted herein.
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