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<br />DEED OF TRUST WITH FUTURE ADVANCES
<br />THIS DEED OF TRUST, is made as 6T the 1 1 th day of September ,)1*2000, by and amon `l;�,;,
<br />the Trustor, Thomas E. Fagan a /k /a Thomas Fagan, Stngl P
<br />whose mailing address is 9860 W Abbott Road, Cairo, NE 68824 (herein "Trustor," whether one or more),
<br />the Trustee, Bank of Doniphan, a Nebraska Corporation
<br />whose mailing address is P 0 Box 270, Doniphan, NE 68832 (herein "Trustee "), and
<br />the Beneficiary, Bank of Doniphan
<br />whose mailing address is P 0 Box 270, Doniphan. NE 688 (herein "Lender ").
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to
<br />Thomas E. Fagan a /k /a Thomas Fagan
<br />(herein "Borrower ", whether one or more) and the trust herein created, the
<br />receipt of which is hereby acknowledged, Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH
<br />POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set forth, the real
<br />property, described as follows:
<br />(See legal attached)
<br />PROPERTY ADDRESS:
<br />Together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges and appurtenances
<br />located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and such personal
<br />property that is attached to the improvements so as to constitute a fixture, including, but not limited to, heating and cooling equipment;
<br />and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including
<br />replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust and all of
<br />the foregoing being referred to herein as the "Property ".
<br />This Deed of Trust shall secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit
<br />agreement dated _ September 11, 2000 , having a maturity date of
<br />in the original principal amount of S 600.000.00 , and any and all modifications, extensions and renewals
<br />thereof or thereto and any and all future advances and readvances to Borrower (or any of them if more than one) hereunder pursuant to
<br />one or more promissory notes or credit agreements (herein called "Note "); (b) the payment of other sums advanced by Lender to protect
<br />the security of the Note; (c) the performance of all covenants and agreements of Trustor set forth herein; and (d) all present and future
<br />indebtedness and obligations of Borrower (or any of them if more than one) to Lender whether direct, indirect, absolute or contingent
<br />and whether arising by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all other documents that secure
<br />the Note or otherwise executed in connection therewith, including without limitation guarantees, security agreements and assignments
<br />of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />Trustor covenants and agrees with Lender as follows:
<br />1. Payment of Indebtedness. All indebtedness secured hereby shall be paid when due.
<br />2. Title. Trustor is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created
<br />hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and delivered to Lender
<br />before execution of this Deed of Trust, and the execution and delivery of this Deed of trust does not violate any contract or other
<br />obligation to which Trustor is subject.
<br />3. Taxes, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or
<br />hereafter levied.
<br />4. Insurance. To keep the Property insured against damage by fire, hazards, included within the term "extended coverage ", and
<br />such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named
<br />insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise,
<br />all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby
<br />and in such order as Lender may determine, iii) to the Trustor to be used for the repair or restoration of the Property or (iii) for any other
<br />purpose or object satisfactory to Lender without affecting the lien of this Deed of Trust for the full amount secured hereby before such
<br />payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under
<br />the Note, or cure any default thereunder or hereunder.
<br />5. Escrow. Upon written demand by Lender, Trustor shall pay to Lender, in such manner as Lender may designate, sufficient sums
<br />to enable Lender to pay as they become due one or more of the following: (i) all taxes, assessments and other charges against the
<br />Property, (ii) the premiums on the property insurance required hereunder, and (iii) the premiums on any mortgage insurance required by
<br />Lender.
<br />6. Maintenance, Repairs and Compliance with Laws. Trustor shall keep the Property in good condition and repair; shall promptly
<br />repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the
<br />Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit
<br />any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly discharge at
<br />Trustor's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any part thereof.
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