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200411770
<br />FOR THE PURPOSE OF SECURING:
<br />a. Payment of indebtedness in the total principal amount of $43,000.00, with interest thereon at
<br />the rate of 4.85% per annum, as evidenced by that certain Promissory Note of even date (the
<br />"Note ") with a maturity date of December 1, 2014, executed by Trustor, which has been delivered
<br />and is payable to the order of Beneficiary, and which by this reference is hereby made a part
<br />hereof, and any and all modifications, extensions and renewals thereof, and,
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon
<br />at the rate of ten (10 %) percent per annum (default rate).
<br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the
<br />payment and performance of any obligation secured hereby are referred to collectively as the "Loan
<br />Instruments ".
<br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST:
<br />I. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and
<br />the interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as
<br />provided in the Loan Instruments.
<br />2. REAL ESTATE TAXES. Trustor shall pay the annual real estate taxes to the Hall
<br />County Treasurer before the taxes become delinquent and shall furnish tax receipts to
<br />Beneficiary on or before May 1 and September 1 each year.
<br />3. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any
<br />action or proceeding purporting to affect the security hereof or the rights or powers of
<br />Beneficiary or Trustee, and shall pay all costs and expenses, including cost of evidence of title
<br />and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may
<br />appear. Should Trustor fail to make any payment or to do any act as and in the manner
<br />provided in any of the Loan Instruments, Beneficiary and /or Trustee, each in its own discretion,
<br />without obligation, may make or do the same in such manner and to such extent as either may
<br />deem necessary to protect the security hereof. Trustor shall, immediately upon demand
<br />therefore by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection with
<br />the exercise by Beneficiary of the foregoing rights, including, without limitation, costs of
<br />evidence of title, court costs, appraisals, surveys and attorney's fees. Any such costs and
<br />expenses not paid within ten (10) days of written demand shall draw interest at the default rate
<br />provided in the Note.
<br />4. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein,
<br />be taken or damaged by reason of any public improvement or condemnation proceeding, or in
<br />any other manner including deed in lieu of Condemnation ( "Condemnation "), or should Trustor
<br />receive any notice or other information regarding such proceeding, Trustor shall give prompt
<br />written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation and
<br />condemnation awards and other payments or relief therefore, and shall be entitled to make any
<br />compromise or settlement in connection with such taking or damage. All such compensation
<br />and condemnation, awards, damages, rights of action and proceeds awarded to Trustor (the
<br />"Proceeds ") are hereby assigned to Beneficiary; and Trustor agrees to execute such further
<br />assignments of the Proceeds as Beneficiary or Trustee may require.
<br />5. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time,
<br />by a written instrument executed and acknowledged by Beneficiary, mailed to Trustor and
<br />recorded in the County in which the Trust Estate is located and by otherwise complying with
<br />the provisions of the applicable law of the State of Nebraska substitute a successor or
<br />successors to the Trustee named herein or acting hereunder.
<br />6. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit
<br />of and binds all parties hereto, their heirs, legatees, devisees, personal representatives,
<br />successors and assigns. The term "Beneficiary" shall mean the owner and holder of the Note,
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