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10.5 dmbNaM PinNg(n,Wdbn,NE.®JG1 <br />r.F <br />-ten 2 D v O 1 O <br />m an <br />rt na D V -_ u O <br />Cx. <br />CAV na G� r,Or N O T O <br />r7f <br />} r n ry <br />200202007 <br />DEED OF TRUST <br />p <br />THIS DEED OF TRUST, is made as of day of F t Q 4 rn `y , by <br />6 <br />and unions 1" U\ _ ( "Truster "),w(.�� ho mailing addrees is <br />°p <br />01 <br />( "T... beff, whose m out., address <br />and (V A r ih1L _ ��(��"B�"enefi��ci P) <br />` <br />"S TYsy <br />whose mailing address is -- . _ lwl L{NI C } I ZNN'l S t, h.:f Nt k'o12C <br />__... _ <br />FOR VALUABLE CONSIDERATION, Truster irrevocably tranelhrs, conveys and assigns W Trustee, IN TRUST, WITH <br />POWER OF SALE, far the benelifand security of Beneficiary, under subject to the term. and conditions of this Dead ofTrust, <br />the real property located to the City of &N 1V Q `5 L, PNl\ , County of <br />HALL State of Nebraska and legally de rfl, d ns follows (the "Propertjy''): <br />1,. C'� S ONt oN TWl,(2� hN gLCxK 000L \) IN �04S1j <br />wSOlwstoN,NT` AFC, x�taaG.f\NO-37S1,N'c,NP,V\. ((�r,NyNO <br />� <P <br />TOGETHER WITH, all rents, easements, appurtenances, hereditameats, internists in adjoining roads, streets and alley, <br />improvements and buildings of any kind situated thereon and all personal property that may be or hereafter become an integral <br />part of such buildings and improvements, all crops raised thereon, and all water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively us the "Trust Estate ". <br />FOR TIIE PURPOSE OF SECURING: <br />a. Payment of indebtneas in the total principal amount of $ hC: w fh ingest thereon, as evidenced by that <br />certain pro ssmy note oC cvmh date (the "Note ") with a maturity data date o t1 - 2(j ).-. _ <br />executed by Trustor, which has been delivered and is payable to the order of Beneficiary and which by this reference is hereby <br />made a part 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 at the rate of <br />,01 percent ( , �F� So) per anmmn, and <br />c. The performance of Trustor's covenants and agnoenrents. <br />This Deed of Ti.st, the Note, and any othm instrummot given to evidence nr firths, secure the payment and <br />performance of any obligation secured hereby are referred in collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEB'T'EDNESS. Truster shall pay when duc the principal of, and the Interest nn, the indebtedness <br />evidenoed by the Note, an., gas tees and all other sums as provided in the Loom Instruments. <br />2. TAXES AND ASSESSMENTS. Truster shall pay all taxes and special assessments of every kind, now or hereafter levied <br />agsinst We trust estate or any pmt. thm'eof as follows: <br />(initial one) <br />_Truster shall directly pay such taxes, without notice or demand as each installment comes due and shall <br />provide the beneficiary with evidence of the payment of the same. <br />Truster shall pay to beneficiary, one - twelfth of the real estate taxes each month and such other assessments <br />as they become due. The one - twelfth payment shall be adjusted annually as the taxes change and truster agrees that <br />after paymeut of the taxes each year that any deficiency will be promptly paid to Beneficiary. Beneficiary agrees <br />to provide truster with receipts showing that the real estate taxes have been paid in full end when due. <br />3. INSURANCE AND REPAIRS. TInator shall maintain fire and extended coverage insurance insuring the improvements <br />and buildings cmutituth, part of the Trost testate for an amount no less than the amount of the unpaid principal balance of the <br />Note (co-insarance not exceeding 80% permitted). Such insurance policy shall contain a standard mortgage clause in favor of <br />Beneficiary and shall not be m osollable, terminable or modifiable without ten (30) days prior written notice to Beneficiary. <br />Trustee shall promptly repair, maintain and replace the Trust Estate or any part thereof so that, except for ordinary wear and <br />tear, tha Trust Estate shall not deteriorate. In no event shall the Truser commit waste on or W the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Truster shall appear in and contest any action or proceeding purporting to <br />affect Has security hereof or the rights or powers of neneficimy or'frustee, and shall pay all costs and expenses, including cost of <br />evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary or Trustee may appear. Should Truster <br />fail to make any payment or to do any act as and in the manner provided in any of the Loan Instruments, Beneficiary and/or <br />'trustee, each in its own discretion, without obligation so to do and without notice to or demand upon Truster and without <br />releasing Trustor from any obligation, may make or du the same hn such manner and to such extent as either may deem <br />necessary to protect the. security hereof'. Truster shall, immediately upon d armed therefor by Beneficiary, pay all costs and <br />expenses incurred by Beneficiary in connection with the exercise by Beneficiary of the foregoing rights, including without <br />limitation costs of evidence of title, court vests, appraisals, surveys and attorney's fees. Any such costs and expenses not paid <br />within ten (10) days of written demand shall draw interest at the default rate provided in the Note. <br />b. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken of damaged by reason of <br />any public impruvemcut o mlmoration proceeding, n any other manner including deed in lieu of Condemnation <br />( "Cundemuati a, ), or should Truster 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, awards and other payments or relief <br />therefor, and shall be entitled at its option W commence, appear in and prosecute in its own name any action or proceedings. <br />Beneficiary shall also he entitled to make any compromise or settlement in connection with such taking or damage. All such <br />compensation, awm cis, damages, rights of action and proceeds awarded W Truster (the "Proceeds ") are hereby assigned to <br />Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or Trustee may require. <br />6. FUTURE ADVANCES. Upon request of Trusser, Beneficiary, at Berreficiarys option, prior to r e.mo,ymce. of the Property <br />to Truster may make future advances W Trenton Such future advances, with interest thereon, shall be secured by this Deed of <br />Trust when evidenced by promissory notes stating that said notes are secured hereby. <br />Gco Olen <br />