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<br /> <br />- -'"--- 'iJI,; <br /> <br />," <br /> <br /> <br />DEED OF TRUST <br /> <br />'93_'110884 <br /> <br />This DEED OF TRUST is made thlg 17th day of December, 1993, by and among RONNIE E. <br />HARDER and PATRICIA G. HARDER, h~lsband and wife, hereinafter referred to as "Tnastors," whether <br />on~ or more, whosemailingaddressisBox374.Ca;ro. Nebraska 68824; THE STATE BANK OF CAIRO, a <br />Neb:-aska Banking Corporation, hereinafter referred to as "Trustee," whose mailing address is Box 428, <br />Cairo, Nebraska 68824; and THE STATE BANK OF CAIRO, a Nebraska Banking Corporation, <br />hereinafter referred to as "Beneficiary," whosemailinga~dressisBox428.Cairo. Nebraska 68824. <br />For valuable consideration, Trus~ors irrevocably grant, transfer, convey and assign to Trustee, in trust, <br />with power of sale, for the benefit and security of Beneficiary, under and subject to the tenns and conditions of <br />this Deed of Trust, the following described real property located in HALL County, Nebraska: <br /> <br />Lots Nine (9) and Ten (10), Block Ten (10), in the Original Town of Cairo, Hall County, Nebraska~ and <br /> <br />Lots 3. 4 and 5, Block 1, Fifth Addition to the Village of Cairo, Hall County, Nebraska; and <br /> <br />Lots 11 and 12, in Block 10, Original Town of Cairo, Hall County, Nebraska, and a rectangular piece of land being <br />more particularly described as folloWs: Beginning at the Southeast corner of Lot 12, Block 10. Origin.11 town of <br />Cairo, Hall County, Nebraska, thence mnning South 3 feet; thence West parallel to ~he South line of said Lot 12 a <br />distance of 140 feet; thence North 3 feet; thence east alone the South line of said Lot 12, 140 feet to the point of <br />beginning; <br /> <br />together with all buildings, improvements. fixtures, streets, alleys, passageways, easements. rights, privileges and <br />appurtenances located thereon, and all persona! property that may be or hereafter become an integral part of suc.h <br />buildings and improvements, all crops raised thereon. and all water rights. all of w'hich, including replacements <br />and additions thereto, are hereby declared to be a part of the real estate conveyed in trust hereby, it being agreed <br />that all of the foregoing shall be hereinafter referred to as the "Property." <br /> <br />FOR THE PURPOSE OF SECURING: <br /> <br />a. Payment of indebtedness evidenced by Trust0rs' note of even date herewith in the principal sum of <br />$25,00000, together with interest at the rate or rates provided therein, and any and all renewals. modifications <br />and extensions of such note, both principal and interest on the note being payable in accordance with the terms <br />set forth therein, which by this reterence is hereby made a part hereof; <br />b_ The perfonnance of each agreement and covenant ofTrustors herein contained; and <br />c_ The payment of all sums advanced by Beneficiary under the terms of this Deed of Trust, together with <br />interest thereon at the rate provided in the note. <br />d. The above amount is secured even though all or part (If it may not yet be advance. Future advances under <br />the agreement are contemplated and will be secured to the same extent as ifmade onthe date this deed of trust is <br />executed. <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTORS HEREBY COVENANT AND AGREE: <br /> <br />1. To pay when dlle. the principal of. and the interest on. the indebtedness evidenced by the note. charges. fees and all other <br />sums as provided in the loan instruments. <br />2_ Trustors arc the owners of the property and have the right and authority to execute this Deed of Trust in respect to thc <br />property. <br />3. To pay. when duc, all taxes, special assessments and all other charges against the property. before the s,1me become <br />delinquent. Trustors shall pay all taxes and assessments which may be levie<.i upon Beneficiary's interest herein or upon this Dcc,d of <br />Trust or the debt secured hereby. without regard to any law that may be enacted imposing payment of the whole or any part thereof <br />upon the Beneficiary. <br />4. To keep the improvements now or hereafter located on the property insured against damage by fire and such other ha7..ards as <br />the Beneficiary may require, in amounts and companies acceptable to the Beneficiary. Such insurance policy shall contain a standard <br />mortgage clause in favor of Beneficiary. Trustor shall promptly repair, maintain and replace the property or any part thereof. SO <br />that. except for ordinalY wear and tear. the property shall not deteriorate_ <br />5. In the event the property. or any part thereof. shall be taken by eminent domain. the Beneficial1' is entitled to collect and <br />receive all compensation which may be paid for any property taken or for damages to property not taken. and the Beneficiary shall <br />apply such compeils,1tion. at its option. either to a reduction of the indebtedness secured hereby. or to repair and restore the property <br />so taken. <br />6. The Beneficiary may. but shall have no obligation to. do any act which Trustors h:l\'e agreed but failed to do. and the <br />Beneficiary may also do any act it deems necessary to protect the lien hereof. Trustors agree to repay. lIpon demand. any Slims so <br />expended by the Beneficiary for the above purposes. and any sum so expended shall be added to the indebtedness secured hereby and <br />become secureu by the lien hereof. The Beneficial1' shall no incur any liability because of 3n}1hing it m:!}' do or omit to do <br />hereunder <br />7. The Beneficiary shall have the right. power and authority during the continuance of this Deed of Trust 10 collect the rents. <br />ISSUCS and profits of Ihc property and of any personal property located thereon with or without taking possession of the property <br />affected hereby. and Trustors hereby absolutely and unconditionally assign all such rents. issues and profits to the beneficia 11' The <br />beneficia!!'. however. herebv consents to Trustors' collection nnd retcntion of snch rents. issucs nud profits. so long as Tmstor~ arc <br />1101. al such time. ill default with respect to payment of any llldebtedness secnrcd hereby. or in the performance of any agreement <br />hereunder If any cvent of dcfaull deSCribed hereafter ill respect to this Deed of Tmst shall havc occurred and be continuing. the <br />flcncflciar\'_ as n llI;lllcr of right and \\ilhonf notice 10 Tnlstors or an)one claiming under Tmstors. and wilhont regard to the valne of <br />lhe (rll" c~l;lle or the inlerest of the Tmstors lherein.. shall h;l\e the right to apply 10 any court h;l\-ing jurisdictiC'll to appoint a <br />,'XC\\ cr of the propcrT\ <br />