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GONTS:d <br />1021133 <br />MW or Tau q- <br />This Deed of Trust is made this 21St day of April , 19 89 , by soil Mang MC}laLl .1 . <br />Pokornev & Julie A POk = , hereinafter referred to 'Tr ketar <br />." - <br />;hose wailing address Is �T S ; l�I�Ci_ raaaEk — <br />Attorney at Law, hereinafter referred to as -Trustee, ubose wailing address is P <br />Grand island NE 6&RM; std THE OVERLAM NATIONAL BANK OF CRAND ISLAND. hereinafter referred to as <br />Beneficiary, whose sailing address is P. O. Box 1688. Grand Island. Nebraska 688102. <br />For valuable consideration, Trustor Irrevocably Kronts, transfers, cocveys and assigns to Trustee. to <br />trust, with power of sale, for the benefit and security of Beneficiary. under snd subject to the terns and <br />conditions of this Deed of Trust. the following- described property, located in Hall County, <br />Nebraska, to -vita <br />Lot One (1) . Block Forty Three (43) , in Russel Wheeler's Addition <br />to the City of Grand Island, Hall County, Nebraska. <br />together with all buildings, improvements. fixtures. streets, alleys, passageways, easements, rights. privi- <br />leges and appurtenances located thereon or in any way pertaining thereto, and the rents, issues* profits, <br />reversions and the remainders thereof, including all such personal propert7 that is attached to the improve- <br />ments so as to constitute a fixture, all of which. including replacceents sod addition• thereto, are hereby <br />declared to be a part of the real estate conveyed in trust hereby. it being agreed that all of the fore- <br />going shall be hereinafter referred to as the " Property." <br />FOR THE ruRFose of SECURING: <br />(ej the payment of indebtedness evidenced by Trustor. s tt,�p�'Y3_ ith in _ <br />the principal sum of Si \teen thoUSand nine bun_dred , ogether <br />with interest at the rate or rates provided therein, or the principal and interest on any <br />future advance not to exceed the total principal sum initially secured hereby as evidenced <br />by prceissory notes stating they are secured hereby, end any and all renewals, modifica¢ ions <br />and extensions of such notes, both principal and interest on the notes being payable in <br />accordance with the terms set forth therein, which by this reference is hereby wade a part <br />hereof; <br />(b) the performance of each agreement and covenant of Trustor herein contained; and <br />(c) the payment of any sum or sues of money which say be hereafter paid or advanced <br />by Beneficiary under the terms of this Deed of Trust, together with interest thereon at the <br />rate provided in the note. <br />To protect the security of this Deed of Trust, Trustor hereby covenants and agrees as follows: <br />1. Payment of Indebtedness. To pay when due, the principal of, and the interest on, the indebted- <br />ness evidenced by the note, charges, fees and all other suss as provided in the loan instruments. <br />2. Title. Trustor is the owner of the property and has the right and authority to execute this <br />Deed of Trust in respect to the property. <br />). Taxes and Assessments. To pay, when due, all taxes, special assessments and all other charges <br />against the property, before the same become delinquent, and, in the event Beneficiary shall so require, <br />to add to the payments required under the note secured hereby, such amount as may be sufficient to en- <br />able Beneficiary to pay such taxes, assessments or other charges as they become due. <br />6. Insurance. To keep the improve--nts now or hereafter located on the real estate described <br />herein insured against damage by fire and such other hazards as Beneficiary may require, in amounts and <br />companies acceptable to Beneficiary, and with loss payable to Beneficiary. In case of loss under such <br />policies, Beneficiary is authorized to adjust, collect and compromise, in its discretion, all claims <br />thereunder and, at its sole option, Is authorized to either apply the proceeds to the restoration of the <br />property or upon the indebtedness secured hereby. but payments required by the note shall continue until <br />the sums secured hereby are paid in full. <br />5. Repair, I'wintenrncz and Dse. To promptly repair, restore or rebuild any buildings or improve - <br />w-nta now or hereafter on the pr.,pecty; to keep the property in good condition and repair, without waste <br />and free from mechsc :cs or other liens not expressly subordinated to the lien hereof: to not make, suffer <br />or permit any nuisance to exist nor to diminish or impair tie value of the property by any act or osiaaion <br />to act; and to comply.with all requirements of law with respect to the property. <br />F. Condemnation. In the event the property, or any part thereof, shall be taken by eminent domain. <br />Beneficiary is entitled to collect and receive all compensation which may be paid for any property taken <br />or for damnees to property not taken, and Beneficiary shall apply such compensation, at its option, - <br />either to a reduction o: the indebtedness secured hereby or to repair and restore the property` so taken. <br />7. Ferformancc B7 ntliciary. Beneficiary may, but shall have no obligation to, do any act which <br />Trustor has agreed butfalled to do, and Beneficiary may also do any act it deems nccemeery to protect <br />the lien hereof. Trustor agrees to repay, upon demand, any sums so expended by Beneficiary for the <br />above purposes, snd any sum so expended by Beneficiary shall be addid to the indebtedness secured here- <br />by and become secured by the lien hereof. Beneficiary shall not incur any personal liability because of <br />anything it may do or omit to do hereunder. <br />8. Assignments of Rents. Beneficiary shall have the right, power and authority during tine con- <br />tinuance of this Decd of Trust to collect the rents, issues and profits of the property and of any per- <br />sonal property located thereon with or without taking possession of the property affected hereby, and <br />Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. <br />Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and <br />profits as they accrue and become payable. so long as Trustor is not, at such time, in default with re- <br />spect to payment of any indebtedness secured hereby, or in the performance of any agreement hereunder. <br />If any event of default described hereafter in respect to this Deed of Trust shall have occurred and be <br />continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under <br />Trustor, and without regard to the value of the trust estate or the interest of the Trustor therein, <br />shall have the right to apply to any court having jurisdiction to appoint a receiver of the property. <br />9. Inspections. Beneficiary, or its agents, representatives -r workmen, are authorized to enter <br />at any reasonable time upon or in any part of the property for the purpose of inspecting the same and <br />for the purpose of performing any of the acts it is authorized to perform under the terse of any loan <br />instrusents executed by Trustor. <br />10. Transfer of Property. If all or any part of the property or any interest of Trustor therein <br />-1- <br />