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<br />'- <br /> <br />200701052 <br /> <br />DEED OF TRUST WITH FUTURE ADVANCES <br /> <br />This DEED OF TRUST is made this 7th day of February, 2007, by and among David L. Spiehs and <br />Tamela J. Spiehs, husband and wife, hereinafter referred to as "Trustors," whether one or more, whose <br />mailing address is 13038 W 13th Street, Wood River, Nebraska 68883; PATHWAY BANK OF CAIRO, a <br />Nebraska Banking Corporation, hereinafter referred to as "Trustee," whose mailing address is Box 428, <br />Cairo, Nebraska 68824; and P A TOW A Y BANK OF CAIRO, a Nebraska Banking Corporation, <br />hereinafter referred to as "Beneficiary," whosemailingaddressisBox428.Cairo. Nebraska 68824. <br />For valuable consideration, Trustors 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 terms and conditions of <br />this Deed of Trust, the following described real property located in HALL County, Nebraska: <br /> <br />The South Half of the Northeast Quarter (Sl/2NEl/4) and The North Half of the Northeast <br />Quarter (Nl/2NEl/4) of Section Thirteen (13), Township Eleven (11) North, Range Twelve <br />(12) West of the 6th P.M., Hall County, Nebraska, Excepting a certain tract more particularly <br />described in Warranty Deed recorded in Book 118, Page 587; Excepting a certain tract more <br />particularly described in Warranty Deed recorded in Book 122, Page 137; Excepting a <br />certain tract more particularly described in Warranty Deed recorded in Book 157, Page 478; <br />Excepting a certain tract more particularly described in Warranty Deed recorded in Book <br />179, Page 206. <br /> <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privileges <br />and appurtenances located thereon, and all personal property that may be or hereafter become an integral part of <br />such buildings and improvements, all crops raised thereon, and all water rights, all of which, including <br />replacements and additions thereto, are hereby declared to be a part of the real estate conveyed in trust hereby, it <br />being agreed 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 Trustors' note of even date herewith in the principal sum of <br />$218,000.00, 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 reference is hereby made a part hereof; and any and all future advances and <br />readvances to Trustors hereunder pursuant to one ore more promissory notes or credit agreements (herein called <br />"Note"); <br />b. the payment of other sums advanced by Beneficiary to protect the security of the Note; <br />c. the performance of all covenants and agreements of Trustor set forth herein; and <br />d. all present and future indebtedness and obligations of Trustors to Beneficiary whether direct, indirect, <br />absolute or contingent and whether arising by note, guaranty, overdraft or otherwise; <br /> <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTORS HEREBY COVENANT AND AGREE: <br /> <br />1. To pay when due, the principal of, and the interest on, the indebtedness evidenced by the note, charges, fees and all other sums <br />as providedjn the lolln instrume;lts. <br />2. Trustors are the owners of the property and have the right and authority to execute this Deed of Trust in respect to the property. <br />3. To pay, when due, all taxes, special assessments and all other charges against the property, before the same become delinquent. <br />Trustors shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein or upon this Deed of Trust or the <br />debt secured hereby, without regard to any law that may be enacted imposing payment of the whole or any part thereof upon the <br />Beneficiary. <br />4. To keep the improvements now or hereafter located on the property insured against damage by fire and such other hazards 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 that, <br />except for ordinary 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 Beneficiary is entitled to collect and receive <br />all compensation which may be paid for any property taken or for damages to property not taken, and the Beneficiary shall apply such <br />compensation, at its option, either to a reduction of the indebtedness secured hereby, or to repair and restore the property so taken. <br />6. The Beneficiary may, but shall have no obligation to, do any act which Trustors have 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, upon demand, any slims so <br />