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<br />10.5 Hultman and Felton d Wall. Wallon. No. 66161
<br />DEED OF TRUST 102473
<br />THIS DEED OF TRUST, is mode as of the 5-th- day of Anril „ 1929, by and among
<br />BINFIELD LAND COMPANY, a Nebraska corpora tion( "Tmaltor "). whose mailing address is
<br />r1, 435 South 88th Street, Omaha Nebraska, 68114, -
<br />Heritage Federal Savings Bank, ("Trustee"), whose mailing address is
<br />and Heritage Federal Savings Bank, ( "Beneficiary ") whose mailing address is
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<br />i FOR VALUABLE' CONSIDERATION, Ti istor irrevocably transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE. for the benefit and security of Beneficiary. under and subject to the teams
<br />f and cccmdiidons of this Deed of Trust, thereal property located in the City of County of
<br />State of Nebraska, and legally described as follows (the "Property"):
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<br />See Attached Exhibit= "A"
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<br />TOUETHER WITH, all rents. easements, appurtwana , hara&talssan* 'interests in adjoining roads,
<br />streets and alleys, irnprovements and buildings of any ldndaitvatedtherw a and all pwwnal propeatythatmay
<br />be or hereafter become an integral part of such buildings. and irnpmvements, all. creeps raised thereon, and a U
<br />water rights.
<br />The Property and the entire estate and interest oonireyed to the Trusteean--rr4rred to collectively as the
<br />`rust Estate ".
<br />FOR TIE:PURPOSE OF SECURING:
<br />a. Payment of indebtaess in the total principal amount of $415.8 5 8.22 interest
<br />thereon, as evidenced by that certain Agreement between Trustor and the Beneficiary
<br />dated March 24, 1989.
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with iatere -t thereon at erate
<br />of terra —percent(— 1 O �) per annual.
<br />This need of Trust, the Note, and any other instrument given to evidence or further secure the payment and
<br />;=f =m2 -,.aa of any obligation secured hereby are referred to collectively as the "Loan Ianatrumenta ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />I. PAYMENT OF INDESTEID'ESS. Trustor shall pay when due the prin -6pal of, and the interest on, the
<br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments.
<br />2. TAXES. Trustorshall pay each installment of all taxes and special assessments ofeverykind .noworhereafter
<br />levied against the Trust Es +.ate or any part Wereof. before delinquency, without aors or demand, and shall provide
<br />8aaeficiasyr with evideaa©e cf t'ie payment of erne. Trwtor shall pay.all fast gad assessments which may be levied
<br />apon Benelieiary'sinterer. �ernir e_ upon tits heed ot'huat or to a a3acbtsecured heeaz 3. withoutseQard to.any law that
<br />m.sy be exacted imposing payaaers W o9 the whole or any part thereof upon the Ee ficisary:
<br />.& II SIURANCEANDREPAIRS. Trustor shall maintain fire andextended-coveragainsurance insuring the
<br />�=provements and buildings constituting part of the Trust Estate for an amount no less than the amount of the
<br />==raid principal balance of the Note (co-insurazzzenot exceeding 80% permitted). Such insurance policy shall contain
<br />t standard mortgage clause in favor of Beneficiary and shall not be cancellable. terminable or modifiable withoutten
<br />(10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust Estate or
<br />any part thereof so that, except for ordinary wear and tear, the Trust Estate shall notdeteriorate. In no eventshall the
<br />Trustor commit waste on or to the Trust Estate.
<br />4. ACTIONS AFFEC77NG TRUST ESTALTE. Trustor shall a; year in and contest any action or proceeding
<br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and
<br />expenses. including cost of evidence .f til le and attorney's free, in any such action or proceeding in which Brs.aficiary
<br />or Trustee =ay appear. Should Tr:.st : fall to =ake any a; —neat or to do any alas and in the manne: pruvidedin
<br />a.:y of the Loan Instruments. Beneficiary a:.d/cr Trustee, each in its own discretion, without obligation so °ro do ax
<br />wi°.hout notice to or demand upon Trustor aw.d %ithout releasing Tr•.i. -* =: from any obligatioc t.-may makt or do the
<br />same in such manner and to such extent as ei', c :w- may deem necessazy t5 protect the securi :� Lereof. Tr- =zy shall,
<br />immediately upon demand therefor by Beneficiary. pay all costs and expe- -sea i.=—,;med by Beneficiary in ca =ection
<br />with the exercise by beneficiary of the foregoing rights, ir.,:;;:ding with::;. costs of evidence of tcm, court
<br />costs. appraisals, surveys and at; ea..i ray's fees. Any such costa and eapez aes r.. t Yss3 within teas (10) days of written
<br />demand shall draw interest at the de:suh rate provided in the Note.
<br />S. EMINENT DOMAIN. Should 5:e iruai: Estate, or any part thereof or interest therein, be taken or damaged by
<br />reason of any public improvement or (=elemna &.:n proceeding, or in any other mama" including deed in lieu o:. Condem-
<br />nation ("Caaderanation!% or should TzLw.'.er revive any notice cr otherinformationreguA ng such proceeding, Ti r rzt ehall
<br />give prompt arr,'tten notice thereof to Seneficiary. Beneficiary shall be entitled to all compensation, awards and v her pay-
<br />ments or relief therefor. and shall be entitled at its option to commence, appear in and prosecute in its own name any action
<br />or proceedings. Beneficiary shall also be entded w make any compromise or settlement in connection with such taking or
<br />damage. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds') are
<br />hereby assigned to Beneficiary and T e-or age to execute such further asaignmenti of the Proceeds as Beneiuiary, or
<br />Trustee may- require.
<br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument
<br />executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is
<br />located and by otherwise complying with the provisions of the applicable law ofthe State of Nebraska substitute a nurmeaor
<br />or succclm-ors to the 'A named ksereus or ailing hereunder.
<br />7- SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto,
<br />their heirs, legatees, deviceer, personal representatives, successors and assigns. The term "Beneficiary" shall mean the
<br />owner and holder of the Note, whathcr or not named as Beneficiary herein.
<br />S. INSPECTIONS. Beneficiary, or its agents, representatives or workmen. are authorized to enter at any reasonable
<br />time upon or in any part of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of
<br />the acts it is authorized to verform under the terms of any of the Loan Iratrumertz.
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