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This Deed of Trust is made <br />alteyen w. liyan & ig <br />hereinafter referred to as <br />Ar%mrli Rfta. -Ir <br />DEED OF TRUST <br />(Open End Multiple Note) <br />15th •dav of September <br />or." Whose mailing address i <br />, Attorney at <br />89. 105002 <br />198 9 by and among <br />um. MI-Eff s ,; NE 68805; <br />er referred to as <br />and TBH OVERLAND NATIONAL BANK OF GRAND ISLAND, hereinafter referred io as "Beneficiary;' whose sailing . <br />address is P. 0. Box 1688, Graad isiand, Nebraska 68802. <br />For valuable consideration, Trueor irrevocably grants, transfers, conveys and assigns to Trustee, <br />In trust, with power of sale, for the benefit and security of Beneficiary, sander and subje l the <br />terms and conditions of this Deed of Trust, the following- described property, located in 1 <br />County, Nebraska, to -wit: <br />IDt Eight (8), Block Fifteen (15) i.n ScarffIs Addition <br />-to West Lawn, in the City of Grand Island, Hall County, <br />Nebraska. <br />together rith all buildings, iaprrrements, fiartures, streets, alleys, passageways, easements, rights, <br />privileges and appurtenances loczte3 there= cr in any way pertaining thereto, and the rents, issues, <br />profits, reversions and the remalzi4eve thereof, lacludfmg all. such personal property that is attached <br />to the Impxovesents so as to constitute a fixture, all• of which, including replacemenrw and additions <br />thereto, ace hereby declared to bi a part of the real estate conveyed in trust hereby, it being agreed <br />that all of the foregoing shalt �_e hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(a) the payment of personal indebtedness owing from Trustor to Henef£ciary, as <br />evidenced by promissory Notes of various dates in the total present principal amount of <br />(s ); <br />(b) the payment of interest at the rate or rates provided in the afore - described notes and <br />the payment of both principal and int mst on any and all raaewals, modifications and extensions <br />or. such notes; <br />(c) the payment of principal and interest on any future advance as may be evidenced by <br />promissory notes stating they are secured by this Deed of Trust; provided, however, that the <br />total principal indebtedness, not including sums advanced to protect the security or interest <br />accrued, shall not exceed the sum of %yenty- -five thousand & no / s25,0W.00 ); <br />(d) the performance of each agreement and covenant of Trustor herein contained; and <br />(e) the - payment of any sum or sums of money which may be hereafter paid or advanced by <br />Beneficiary under the terms of this Deed of Trust, together with interest at the highest <br />rate provided in the notes secured hereby. <br />To protect the security of this Deed of Trust, Trustor hereby covenants and agrees as follows: <br />T., . Payment of Indebtedness. To pay when due, tha prt=zloal of, and the interest on, the in- <br />de!zeltass evidenced by trs note, charges, fees and a.l et•1.ii sums as provided in the loan inst.u- <br />men :.� , <br />2. Title. Trustor la the owner -if the property and right and authority to execute <br />this Deed of Trust In respect to the ;property. <br />3. Taxes 'm! Assessmems. To pay, when due, all taxes, special assessments and all other <br />charges against the propevtV., before the same become delinquent, and, in the event Beneficiary <br />shall so require, to add t:, the payments required under the note secured hereby, such amount ors. <br />may be sufficient to enable Beneficiary to pay such taxes, assessments or other charges as t%eq <br />become due. <br />4. Insuram e. To kee-p ~!:e improvements nov or hereafter located on the real estate <br />described herein insured a!_i_irzt damage by fire art such other hazards as Beneficiary may reVAce, <br />In amounts and companies mr;s ?table to BeneficUt -.,, and with loss payable to Beneficiary. In case <br />of loss under such polictroa, Beneficiary is authorized to adjust, collect and compromise, in its <br />discretion, all claims thereunder ard, at its sole option, tta authorized to either apply the pro- <br />ceeds to the restoration of the prcrptMt or upon the indett44aess secured hereby, but payments <br />required by the note shall continue =11 the sutr-3 secured hereby are paid in full. <br />5. Repair, Haintensece and Use. To promptly repair, restore or etabuild any buildings oar <br />improvements now or hereafte.a on the property; to keep the property lt+ gpod condition and rermir. <br />without waste and free free mechanics or other liens not expreasly subordinated to the lien <br />to not make, suffer or pe=ic ,:.my n•u4=ce to exist nor to dininish or impair the Frriue of Vhe <br />property by any act or omVaefaw to act; and to comply with ail requirements of law vier respect <br />to the property. <br />6. Condemnation. In the event the property, or any part thereof, shall be taken by ethi�t <br />domain, Beneficiary Is entitled to collect and receive all compensation which may be paid for any <br />property taken or for damages to prcrerty not taken, and Beneficiary shall apply such compensation, <br />at its option, either to a reduction of the indebtedness secured hereby or to repair and restore <br />the property so taken. <br />7. Performance by Beneficiary. Beneficiary say, but shall have no obligation to, do any act <br />which Trustor has agreed but failed to do, and Beneficiary may also do any act it deems necessary <br />to protect the lien hereof. Trustor agrees to repay, upon demand, any sums so expended by Bene- <br />ficiary for the above purposes, and any sum so expended by Beneficiary shall be added to the in- <br />debtedness secured hereby and becoeie secured by the lien hereof- Beneficiary shall not incur any <br />personal liability because of anything it may do or omit to do hereunder. <br />S. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to <br />enter at any reasonable time upon or in any part of the property for the purpose of inspecting the <br />same and for the purpose of performing any of the acts it is authorized to perform under the terms <br />of any loan instruments executed by Trustor. <br />9. Assignment of Rents. Beneficiary shall have the right, power and authority during the <br />continuance of this Deed of Trust to collect the rents, issues and profits of the property and of <br />any personal property located thereon with or without taking possession of the property affected <br />hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits <br />to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such <br />rents, issues and profits as they accrue and become payable. so long, as,Trustor is not. at such time, <br />-1- <br />7 <br />s; <br />C� <br />L <br />