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<br />t". <br />; 88- <br /> <br />101117 <br /> <br />DEED OF TRUST <br /> <br />;::. Dei lke <br /> <br />whose mailing address Is (Street) <br /> <br />Rt. <br /> <br />. 19~. by and among Da ry 1 J. & <br />#l Box 2~D Doniphan <br />(City) <br /> <br />Eleanor"a <br /> <br />THIS DEED OF TRUST, made this ;. rn <br /> <br />day of I .1a l~C h <br /> <br />n <br /> <br />, <br /> <br />(State and Zip) Nf'r.r,q SkR 6~q3? (herein "Trustor"); and "'~aY1k of Doni uhan <br /> <br />whose <br /> <br /> <br />mailing address Is (Street) P.O. Eox B <br /> <br />(city)Doni ')han <br /> <br />(State and Zip) Vebraska 6P~J2 <br /> <br />(Herein "Trustee"); and <br /> <br />I~ank c f DO!1.i :ihClrl , <br /> <br />E.arrXpRarqX~X <br /> <br />, whose mailing address is (Street) <br />,.:J ~ ."V'Or'I. .......1"...... / (}~"1? <br />i,eC~ ca ,~, 0.. ..t.,. ,(herein"Beneficiary"). <br /> <br />P.o. <br /> <br />Box 13 (City) <br /> <br />Doni ;:Jhar; <br /> <br />(State and Zip) <br /> <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created. tlte receipt of which is hereby <br />acknowledged, Trustor Irrevocably grants, transfers, conveys, and assigns to Trustee. IN TRUST. WITH POWER OF SALE, for the benefit and secur- <br />Ity of Beneficiary, under and subject to the terms and conditions of this Deed of Trust. the real property described as follows: <br /> <br />Tot 'l'hy"e>8 (3) l'-' Pl.-,C:' "'>'0 '\::".1 l'~.' T_.hp_ radp.lir: ?r'J..7 <br />~ 1. 1 _ '>:: \ .. .-..J .L '-- A" - ~ -.. _.... - - <br />AdditiC!1 tc the "!illa-:38 of DQniphC':rt, ~!all COl.t~1t~l, <br />l~etra 3kB. <br /> <br />TOGETHER WITH, all rents, profits, !oyalties, income and other benefits derived from the reat property; all leases or subleases covering the reat <br />property or any portion thereof, now or hereafter existing or entered into. and all right. title and interest of Trustor thsreunder; all interests, estate or <br />other claims, botn In law and in equity. which Trustor now has or may hereafter acquire in the real property; all easements, rlghts.of.way, tene- <br />ments, hereditament!) and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water stock; all right, title and <br />interest of Trustor, now owned or hereafter acquired. in and to any land lying within the right.of.way of any st-eet or highway adjoining the real <br />property, any and all buildings. fixtures, improvements. and appurtenances now or hereafter erected thereoii or belonging thereto. (herein <br />referred to as "Improvement" or Improvements'1; and any and all alliards made for the taking by eminent domain, or by any proceeding or pur- <br />chase In lieu thereof, of the whole or any part of the real property. <br />All of the foregoing estate, property and interest hereby conveyed to Trustee herein collectivety referred to as the "Property". <br />THIS DEED OF TRUST SHALL SECURE' <br />(a) The payment oflndebtedness evidenced by Trustor's note 01 even date herewith in the principle sum of ""i .::1'>" ':'hf'. US:!"'C &- no /} sn <br /> <br />Dollars ($ ~ ,:VY) . r)') ), together with interest at the rate or rates provided therein. (herein. together with any and all <br />renewals, modifications. and extensions thereol, referred to as the "Note'1 both principal and interest on the Note being payable in accordance <br />with the terms set forth Ihereln, reference to which Is hereby made.. \~e ~~r{ ~~ef\t..o1)DlinciPal and interest, if not sooner paid and if no <br />renewals, modifications or extensions are made, due and payable on '" . -.. ,,--,~ "', <br /> <br />(b) The performance 01 each agreement and covenant of Trustor herein contained; and <br /> <br />(c) The payment of any sum or sums of money with Interest thereon which may be hereafter paid or advanced under the terms 01 this Deed of <br />Trust. <br /> <br />(d) The payment of any future advances necessary to protect the seourity or any future advance made at the option of the parties; and <br />(e) The perlormance olan obligation 01 any other person named in this Trust Deed to a beneficiary. <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOllOWS: <br />1. P.rnill'lt of Prlnclpal.nd Int...t. Trustor shall promptly pay when due the principal of and Interest on the indebtedness evidenced by the <br />Note, and all other charges and lees as provided in the Note. and tha principal of and interest on any Future Advances secured by this Deed of Trust <br />2. Warnmr of TItle. Trustor Is lawfully seized and possessed of good and Indefeasible title and estate to the Property hereby conveyed and has <br />the right to gr.nt .nd convey the Property; the Pr?perty is free and clear of all liens and encumbrances except liens now of record; and Trustor <br />will w.rr.nt and deft'nd the title tl) the Property against all claims and demands. <br />3. Maintenance and Compliance with La_. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit <br />Impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. No improve- <br />ment, now or here.fter erected upon the Property shall be altered. removed or demolished without the prior written consent of BenefiCiary. Trustor <br />sh.1l comply with .11 laws. ordinances, regulaUons. covenants. conditions and restrictions affecting the Property and not commit, suffer. or per. <br />mlt any act to be done In or upon the Property In violation of any law. ordinance, regulation, covenant. condition or restriction. Trustor shall com. <br />plete or restore promptly and In good workmanlike manner any Improvement on the Property which may be damaged or destroyed and pay, when <br />due, all claims for labor performed and materials lurnished therefore and for any alterations thereof. <br /> <br />4.I.....nce. Trustor, at Its expense, will maintain with Insurols approved by Beneficiary, insurance with respect to the Improvements .nd per. <br />son.1 property, constituting the Property. against loss by lire. lightning, tornado. and other perils and hazards covered by standard extended <br />cover.ge endorsement, In an amount equal to at least one hundred percent of the full replacement value thereof and Insurance against such <br />other haz.rds and In such amounts as Is customarily carried by owners and oper.tors of similar properties or as Beneficiary may require for its <br />protection. Trustor will comply with such other requirements as Beneficiary may rrom time to time request for Ihe protection by Insurance of t!le <br />Interests of the respective parties. Alllnsurence policies maintained pursuant to this Deed of Trust shall name Trustor and Beneficiary as in. <br />sureds, as their respective Interests may appear, and provide that there shall be no cancellation or modlflcatlon without any less than 15 days <br />prior written notification to Trustee and Benellclary.ln the event any polley hereunder is not renewed on or before 15 days prior to its expiration <br />date, Truslee or Benellclary may procure such Insurance In accordance with the provisions of paragraph 1 hereof. Trustor shall deliver to <br />Beneficiary the original policies of Insurance and renewals thereof or memo copies of such policIes and renewals thereot. Failure to furnish <br />such Insurance by Trustor, or renewals as required hereunder shall. at the optlon 01 Benellciary, constitute a default. <br />5. T..... "._.ment., an:l Charge.. Trustor shall pay all taxes. assessments and other charges. Including, without limitation. tiMS and 1m. <br />positions attributable to the Property, and leasehold payments or ground rents. If any, before the same become deliquent. Trustor shall promptly <br />furnish to Beneliclary all notlces of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prompt. <br />ly furnish to Beneflc!.ry receipts eVidencing such payments. Trustor shall pay all talles and assessments which may be levied upon <br />Benellclary'slnterest herein or upon this Deed of Trust without regard to any law that may be enacted ImpOSing payment of the whole or any <br />part thereof upon the Benellclary. <br /> <br />r-- <br />I <br /> <br />L <br /> <br />. I <br /> <br />.... <br />, . <br />\:. <br />