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�7 r x; cL h AI S° DEED OF TRUST WITH FUTURE ADVANCES j 1D THIS DEED OF TRUST, is made Beef the Std day of January , ig2003, by and among The Trustoq ELDON L. KROEGER AND PEGGY J. KROEGER, husband and Wife whose mailing address is 1 q S W T.g,,;z Rnad D k NF 68927 ( herein "Truster," whether one ar morel the Trustee, Rank of T)uriph,n A—Nabragka whose mailing address is P 0 Box 270, Doniphan, NE 68832 (herein "Trustee "),antl the Beneficiary, Bank of Doniphan whose mailing address is P 0 Box 270, Doniphan NE 68832 (herein "Lendar'). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to ELDON L. KRUEGER AND PEGGY J. KRUEGER, Husband and Wife. (herein "Borrower ", whether one or morel and the trust herein created, the receipt of which Is hereby acknowledged, Truster hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to The terms and conditions hereinafter at forth, the real property, of ... dined as follows: Lot 3 (un Mainland), SE 1/4, SE 1/4 and accretion land (11.5 acres) Section 29, Township 10 North, Range 9 West of the 61:11 P.M. in Hall County, Nebraska FROPER sonatas: Lowry Road, Doniphan, NE 68832 Together with all buildings, improvements, fixtures, streets, allays, passageways, easements, rights, privileges and appurtenances located thereon or In anywise pertaining thereto, and the rents, issues and profits, reversion. and remainders thereof, and such personal Property that is attached to the improvements as Be to constitute a fixture, including, but not limited to, heating and coaling equipment and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust antl ell of the foregoing being referred to herein as the "Property ". This Deed of Trust shall secure la) the payment of the principal sum and interest evidenced by a promissory note or credit agreement dated January 3, 2003 , having a maturity data of February 15 2013 In the original principal amount of B 125, 000.00 , and any and all modifications, extensions and renewals thereof or thereto and any antl ell future advance. and r dvances 1. Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein celled "Note'); RP the payment of other sums advanced by Lender to protect the security of the Note; (a) the performance of all covenants and agreements of Truster set forth herein; and Id) all present and future indebtedness and obligations of Borrower (or any of them it more than one) to Lender whether direct, indirect absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Dead of Trust and any and all other documents that secure the Nate or otherwise executed in connection therewith, including without limitation guarantees, security agreements and as.Ignments of leases and rents, shall be referred to herein as the "Loan Instruments'. Truster covenants and agrees with Lender as follows: 1. Payment of Indebtedness. All Indebtedness secured hereby shall be paid when due. 2. Title. Truster is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created hereby Is a first and prior lien on the Property, except for liens and encumbrances sat torch by Treanor in writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Dead of trust does not violate any contract or other obligation to which Truster is subject. 3. Texas, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or hereafter levied. 4. Insurance. To keep the Property Insured against damage by fire, hazards, included within the term "extended coverage", and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named insured, with leas payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Truster to be used for the repair or restoration of the Property or (111) for any other purpose or abject satisfactory to Lender without effecting the lien of this Dead of Trust for the full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. 5. Escrow. Upon written demand by Lender, Truster shall pay to Lender, in such manner as Lander may designate, sufficient sums to enable Lender to pay as they become due one or more of The following: (i) all taxes, assessments and other charges against the Property, (iii the premiums on the property insurance required hereunder, and (ail the premiums on any mortgage insurance required by Lender. 6. Maintenance, Repels and Compliance with Laws. Truster shall keep the Property in good condition and repair; shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Truster's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any part thereof. NOC3457A IN.OBaNmllurBl Ones NOV. 12197 0 1 BB. Nellany Bent of ca tense. nuT end arrlry. aaea[1.11 ....pity al ... 1. V n n I �, rn m = D N m N cD Z y still 2 D t7 m < d on (7a W ° 2 0300067v DEED OF TRUST WITH FUTURE ADVANCES j 1D THIS DEED OF TRUST, is made Beef the Std day of January , ig2003, by and among The Trustoq ELDON L. KROEGER AND PEGGY J. KROEGER, husband and Wife whose mailing address is 1 q S W T.g,,;z Rnad D k NF 68927 ( herein "Truster," whether one ar morel the Trustee, Rank of T)uriph,n A—Nabragka whose mailing address is P 0 Box 270, Doniphan, NE 68832 (herein "Trustee "),antl the Beneficiary, Bank of Doniphan whose mailing address is P 0 Box 270, Doniphan NE 68832 (herein "Lendar'). FOR VALUABLE CONSIDERATION, including Lender's extension of credit identified herein to ELDON L. KRUEGER AND PEGGY J. KRUEGER, Husband and Wife. (herein "Borrower ", whether one or morel and the trust herein created, the receipt of which Is hereby acknowledged, Truster hereby irrevocably grants, transfers, conveys and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Lender, under and subject to The terms and conditions hereinafter at forth, the real property, of ... dined as follows: Lot 3 (un Mainland), SE 1/4, SE 1/4 and accretion land (11.5 acres) Section 29, Township 10 North, Range 9 West of the 61:11 P.M. in Hall County, Nebraska FROPER sonatas: Lowry Road, Doniphan, NE 68832 Together with all buildings, improvements, fixtures, streets, allays, passageways, easements, rights, privileges and appurtenances located thereon or In anywise pertaining thereto, and the rents, issues and profits, reversion. and remainders thereof, and such personal Property that is attached to the improvements as Be to constitute a fixture, including, but not limited to, heating and coaling equipment and together with the homestead or marital interests, if any, which interests are hereby released and waived; all of which, including replacements and additions thereto, is hereby declared to be a part of the real estate secured by the lien of this Deed of Trust antl ell of the foregoing being referred to herein as the "Property ". This Deed of Trust shall secure la) the payment of the principal sum and interest evidenced by a promissory note or credit agreement dated January 3, 2003 , having a maturity data of February 15 2013 In the original principal amount of B 125, 000.00 , and any and all modifications, extensions and renewals thereof or thereto and any antl ell future advance. and r dvances 1. Borrower (or any of them if more than one) hereunder pursuant to one or more promissory notes or credit agreements (herein celled "Note'); RP the payment of other sums advanced by Lender to protect the security of the Note; (a) the performance of all covenants and agreements of Truster set forth herein; and Id) all present and future indebtedness and obligations of Borrower (or any of them it more than one) to Lender whether direct, indirect absolute or contingent and whether arising by note, guaranty, overdraft or otherwise. The Note, this Dead of Trust and any and all other documents that secure the Nate or otherwise executed in connection therewith, including without limitation guarantees, security agreements and as.Ignments of leases and rents, shall be referred to herein as the "Loan Instruments'. Truster covenants and agrees with Lender as follows: 1. Payment of Indebtedness. All Indebtedness secured hereby shall be paid when due. 2. Title. Truster is the owner of the Property, has the right and authority to convey the Property, and warrants that the lien created hereby Is a first and prior lien on the Property, except for liens and encumbrances sat torch by Treanor in writing and delivered to Lender before execution of this Deed of Trust, and the execution and delivery of this Dead of trust does not violate any contract or other obligation to which Truster is subject. 3. Texas, Assessments. To pay before delinquency all taxes, special assessments and all other charges against the Property now or hereafter levied. 4. Insurance. To keep the Property Insured against damage by fire, hazards, included within the term "extended coverage", and such other hazards as Lender may require, in amounts and with companies acceptable to Lender, naming Lender as an additional named insured, with leas payable to the Lender. In case of loss under such policies, the Lender is authorized to adjust, collect and compromise, all claims thereunder and shall have the option of applying all or part of the insurance proceeds (i) to any indebtedness secured hereby and in such order as Lender may determine, (ii) to the Truster to be used for the repair or restoration of the Property or (111) for any other purpose or abject satisfactory to Lender without effecting the lien of this Dead of Trust for the full amount secured hereby before such payment ever took place. Any application of proceeds to indebtedness shall not extend or postpone the due date of any payments under the Note, or cure any default thereunder or hereunder. 5. Escrow. Upon written demand by Lender, Truster shall pay to Lender, in such manner as Lander may designate, sufficient sums to enable Lender to pay as they become due one or more of The following: (i) all taxes, assessments and other charges against the Property, (iii the premiums on the property insurance required hereunder, and (ail the premiums on any mortgage insurance required by Lender. 6. Maintenance, Repels and Compliance with Laws. Truster shall keep the Property in good condition and repair; shall promptly repair, or replace any improvement which may be damaged or destroyed; shall not commit or permit any waste or deterioration of the Property; shall not remove, demolish or substantially alter any of the improvements on the Property; shall not commit, suffer or permit any act to be done in or upon the Property in violation of any law, ordinance, or regulation; and shall pay and promptly discharge at Truster's cost and expense all liens, encumbrances and charges levied, imposed or assessed against the Property or any part thereof. NOC3457A IN.OBaNmllurBl Ones NOV. 12197 0 1 BB. Nellany Bent of ca tense. nuT end arrlry. aaea[1.11 ....pity al ... 1.