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<br />ACKNOWLEDGEMENT OF DEED OF TRUST
<br />TRUSTOR READ THIS BEFORE MNMlCi: 89— 103409
<br />Trustor underalemb f1W this doctiment that Trustor is about to execute is a dead of Trust and rial a rrumViage and that the power
<br />of a" provided for in flay peed of Trust provides substsntialry diMerent rights and obllgations b Truator than a mortpape Into event
<br />of a delou t or breach of obligation under the peed of Trust including, put not &I ..11 sd to, to Lender's right to have the Property sold
<br />by tho Tlrusiae without any judicial proco"rig. Trustor represents and warrants that this acknowledgemertt was exelcutad by
<br />Trustor before the execution of the Deed of Trust.
<br />C. C. b B. CO.
<br />! BY: P nt
<br />} Trustor ;
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<br />DREV OF TRIAT Wn M ADVANIM
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<br />THIS OECD OF TRUST, is made as of the NO day of June ;19 89by and among
<br />the Trustor, C. C. & B. CO.
<br />whose mailing address is Box 647, Holdre a Nebraska 68949 (herein " Trustor, • whether one or more).
<br />theT"AW, York State Bank and Trust Contpan�r
<br />whose making address is. _ 700 l.lncolf!_8yenue t• York Nebraska 68467 (herein "Trust!s %and
<br />the Berteticia►y, _ York State Bank a.RQ t Comany
<br />whose maYNng address Is 700 Lincoln Avenue, York. Nebraska 68467 (mein ..LK,deii,l,
<br />FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to C. C. b B. CO.
<br />(hsteln "Borrower", whether one or more) and the trust herein created,
<br />the receipt of which Is hereby acknowledged. Trustor hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN
<br />TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to the terms and conditions hereinafter set
<br />forth, the real property, described as follows;
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<br />j EXHIBIT "A" ATTACHED
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<br />r Tooettfar with all buildings, improvements. fixtures. Streets. alleys. passageways. easements. rights, privileges earl fimurta.
<br />' runes located thereon or in anywise pertaining thereto, and the rents, issues and profits, reversions and remainders thereof, and
<br />such personal property that is attached to the improvements so as to constitute a fixture. Including, but not limited to, heating and
<br />cooling equipment and ioaeiirer with the homestead(or marital interests, if any., which Interests are hereby released and waived; ail
<br />R of which. Including ►eptocsmertts and as>b ows Moreto. is hereby declared to bait part of the real estate secured by the lien of this
<br />Deed of Trust and all of tied foregoing bong referred to herein as the "Property".
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<br />This Deed of trust sD'r Il secure (a) the payment of the principal sum and interest evidenced by a promissory note or credit
<br />agreement dated June 30, 1989, having a matuxl2y date of -- June 30, 1994
<br />In the orlpleirA6 prirtcipat amount of ll i00 •tea• 00 , and any and all modifications, extensions and rww*als
<br />thereof or ttter'eto and An and all fG,wre advances and readvances to Borrower (or any of them if more than one) hereunder
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<br />Pursuant b one or "we licamissory notes or croaa.greements (herein called "Note "); (b) the payment ctother sums advanced by.
<br />ILMtder to protect the so ciorty of the Note; (c) the aerformance of all covenants and agreements of Trustor'selfoa, herein; and (d) *9
<br />present and future indobliedness and ¢»br9igations of Borrower (or any of theirs 0more than one) to Lender wheeter direct, Indirect
<br />absolute or contingent and whether ad ling by note, guaranty, overdraft or otherwise. The Note, this Deed of Trust and any and all
<br />other docuents that secure the Note or-otherwise executed In connection therewith, including without limitation guarantees, security
<br />agreement and assignments, of leases and rents, shall be referred to herein as the "Loan Instruments ".
<br />Trustor eorertants, and agrees with Lender as follows:
<br />1. Payino of MrdebM ineaa. 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
<br />created hereby is a first and prior lien on the Property, except for liens and encumbrances set forth by Trustor in writing and
<br />delivered to mender before execution of this Deed of Trust. end the execution and delivery of this Deed of Trust does not violate any
<br />contract of other obligation to which Trustor is subject.
<br />3. Taste. AseaeMnenis. To pay before delinquency sal taxes, special assessments and all other charges against the Property
<br />now or hereafter levied.
<br />4. Msrrranre. 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
<br />named insured, with loss payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust collect and
<br />compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness
<br />secured hereby and In siwah.« rderas tender may determine, (1l) to the Trustor to be used for the repair or restoration of the Property
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<br />or (iii) for any othp pu(po" r satisfactory to Lender without affecting Ote f4en of this COW of Trust for the full amount secured!•
<br />hereby befors such psymertt .aver W0. place. Any application of proceeds to lirdattedrim shall not extend or postpone the due
<br />date of any payments tkrt+,trw or cure any default theeeu -n4er or herea-der.
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<br />5. Eeerrw. Upon w ru derr e6 d'by Lender, Trustor Shall pay to Lend W' ih such manner as Lend w,may desigr4te. sufficient
<br />sums to enable Lender lloMiss t ay become durr nor more of the following- CC) all taxes, assessment's and other charges against
<br />ttte Property, (li) the premiums on try property insurance required hereunder, and (ili) the premiums on any mortgage insurance
<br />required by Lander.
<br />a. NW*b Mtoe. Re/ekrl end C4W4Warree wNM Laws. Trustor shall keep the Property in good condition and repair; shall
<br />promrtptty repair, or replace any Imptovement which may be damaged or destroyed; shall not commit or permit any waste or
<br />detarWobon of the Property: shall riot remove, demolish or substantially alter any of the improvements on the Property; shall not
<br />can+rrrit, suer or permit any act lo be done In or upon the Property in violation of any law. ordinance, or regulation; and shall pay and
<br />promplty discharge at Truslor's cost and expense all liens, encumbrances and charges levied. Imposed or assessed against the
<br />Pic"ity Of i,iry WT tti (*A
<br />I ErrtMaM Domain. Lender Is hereby assigned all compensation. awards, damages and other payments or relief (hMinafter
<br />"Proceeds"I in conirwt+on with con*samnabon or other tmking of the Property or part thereof or for conveyance in lieu of condernna.
<br />ltdrr I #r,4r(r Shall be entitled at its option to commence, afrpear in and piosecute in its own name any action or proteed+ng3, anti
<br />0*11 Woo b* onb leas la mako obi/ comi-irrit+,+sb tit gett!ernent in Gtlnnect:Un with t�ucli taiinq or darnage In tho ii*toit sAy horhoh ( +t
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