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t' <br />L <br />- r <br />II 'to Of TRUST 89-- 104940 <br />THIS OFFR OF TRUST. made this 15 h day of $epaemb'e` , 19 89 . j}iagd Omang -onald M. and Phyllis D. <br />Frede zka h aband and wife 104 mercury:- Ct.. Al3ct. 1ifS b$$LQ:� <br />whose mamg aed�riss•irs� <br />(herein "Trustor "); and BANK OF WOOD RIVER P.O. Box 487, Wood River, <br />(herein "Trustee" and "Beneficiary "). NE 68883 <br />FOR VALtImE CONSIDERATION. including the indebtedness indontified herein and the 4t?agt herein created, the receipt of which is hereby,. <br />acknowledged, Trustor Irrevocably grants. transfers, conveys, unit assigns to Trutlon, tti TRUST, WtiH POWER 0!s- SAlE, for the benefit,tind <br />security of Beneficiary, under and subject to the forms and conditions of this Dead of Trust. the real property described as follows: <br />Lot Mine (9), Argo Subdivision, Hall County, Nebtarska - -- <br />TOGETHER WIT141 Ay, renis, profits, rayoltisot,. income. and other benefits derived from the real prr[?prty; oil tenses or subleases coveciny; <br />real property or ah+jrq;��rtion thereof, now ori?,reofter existing or entered into, and all right, title and interest of Trustor tti�,urder; 6, in- <br />terests, estate or other claims, both in low and in equity, which Trustor now has or may hereafter acquire in the real propt ci'y;. d easements, <br />rights- of•woy, tenements, hereditoments and appurtenances thereof and thereto; all oil and gas rights and profits, vyater tyyI is and :Nwer <br />stock; all ti ighf, titla and interest of Trustor, now owned or hereafter acquired, in and to any fond, lying within the right- of -woy of any street or <br />highway adjoining the reol'property; any and all buildings, fixtures, improvements, and appurtenances now or hereafter erected thereon or <br />belonging %areto, (herein referred twos " improvement" or "Improvements "); and any and all awards made for the taking by eminent domain <br />or by,ony proceeding or purches -0p, lidu thereof, of the whole or any part of the real proms tsrty. <br />Alhb' Jhe foregoingostot.e, nrtr:,t<rly and interest hereby conveyed to Trustee herein collectively referred to as the "Property ". <br />THIS DIED OF TRUST MI.I. SECURE: <br />(a) The payment nI hide6tedness evidenced by Ter ustor's note of even date ,herewith in the princi7oj! s'um of 'Twpurlty, — ii.a <br />thousand ;ih4i.no/100 - - -- - - - -- -- - - - - -- -- ----------- — --- Dollars (S 28,00 14a,") ), <br />Ia gel liar with interosk:aaile ratd..or, rates provided therein, (herein, together with any rnd all renewals, modifications, and extensions thrtrpof, <br />referred to as Ilia " Ne:ie ") bout yAhcipol and interest on the Note being payable in i,9 .ordanca with ilia forms set forth therein, referer� :e to <br />which is hereby muds-!,. tha final payment of princi al and interest, if not sooner rd-d old if no renewals, modifications or extensions are made, <br />due and payable err Septem�er 15, 19�l4 , <br />(b) The performance of each eVepmeni and covenant of Trustor herein contained; enrd , <br />(c) T1 payment of any sum rr -gums of money with interea' thereon which may be• lee, often paid or advanced ,,x.6r the terms of this De!ntt•r,° <br />Trust. <br />(d) The payment of ur,y future advances necessary to protect the security or any future advance made at the option of the parties; and <br />(e) The performance of an obligation of any other person named in this Trust Deed to a beneficiary. <br />TO PROTECT 711E SECURITY OF T14IS DEED OF TRUST, TRUSTCR 11EREBY COVENANTS Ali(—' AGREES AS FOLLOWS- <br />1. Payment of Principal and fill 'rest. Trustor shall promptly pay when due the prircilsal of and interest on flte•imtebtedness evidenced fly, tin± <br />Note, and all other,ch,,ges one fees as provided in file Note, and the principal of and interest on any, Future ,,tcii'ed by this Deed of <br />Trust. <br />2. Warranty of 7T 4le. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Froperly 11EY, conveyed and <br />has Cite right to grant and convey the Property; the Property is free and clear of all liens and encumbrances except liens now of records- r.,nd <br />Trustor will warrant and defend lite title to the Property against all claims and demands. <br />3. Maintenance and Compliance with laws. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit <br />impairment or deterioration of the Property and stroll comply with the provisions of any lease if this Deed of Trust is on o leasehold. tlo improve• <br />ment now or hereafter erected upon the Property shall be altered, removed or demolished without the prior written consent of Beneficiary. <br />Trustor shall comply with all taws, ordinances, regulations, covenants, cunditions and restrictions affecting the Property and not commit, suffer, <br />or pernit any act to be done in or upon the Property in violotion of any low, ordinance, regulation, covenant, condition or restriction. Trustor <br />stroll complete or restore promptly and in good workmanlike manner any improvement on the Property which may be damaged or destroyed and <br />pay, when due, all cl -jims for labor performed and materials furnished therefore and for any alterations thereof. <br />4. Insurance. Trustor, at its expense, will maintain with insurers approved by Beneficiary, insurance with respect to the Improvements and <br />personcl property, constituting the Property, against loss by fire, lightning, tornoda, and other perils and hazards covered by standard extended <br />coverage endorsement, in an amount equal f of least one liundired percent of the full reptacemant value. thereof and insurance- aganst truth <br />other hazards and in such amounts as is customarily carried by owners and operators of simular properties or as Beneficiary moy require for its <br />protection. 7ruslor will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the <br />falerests of the respective parties. All insurance policies maintained pursuant to this Deed of Trust shall name Trustor and Beneficiary as in. <br />sureds, as their respective interests may appear, end provide that there shall be no cancelfction or mcdification without no less tf +an 15- days <br />Friar viritten notification to Beneficiary. In the event any policy hereunder is rut renewed on or before 15 days prior to its expiration date, <br />Beneficiary may procure such insurance in accordance with file provisions of paragraph 7 hereof. Trustor, skull d^,iler to Dine €iciary the origir,�l <br />policies of insurance and renewals thereof or memo copies of such policies and reneviais thereof. Fr,il"re tc, furnish such iEt;urance I)y nr.tor, rr <br />renewals as required hereunder shall, of fhe option of Beneficiary, constitute o default. <br />