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<br /> .105256 CONTS:
<br /> > DEED OF TRM
<br /> (open End multiple Rote)
<br /> This Deed of Trust is maae this 23th day of Se te11er 1988 . by and aawng
<br /> 11.E
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<br /> in7Sland,
<br /> D :11TIONAL BANEC 0? GRA,:p ISIJI.YD, hereinafter referred to as "rsene£iciary." whose mailing
<br /> address is P. o. Box 1688, rreard Island, Webraskw 60802.
<br /> For v.3unblr_ consideration, Trustor irrevocably grants, transfers. conveys and assigns to Trustee,
<br /> In trust, with power of sale. for the bfnefit and security of Beneficiary, wider and subject to the
<br /> terms and conditions of this Deed of Trust. the followinR-described property, located in Hall
<br /> County, Nel•rnskn, to-wit:
<br /> Wt Teti 1U z l Bio~k 'I +a (2~, Capital Hei t 1t c i sign,
<br /> _being a part af_the Southwest cuter S'N of 9ection 'No (2
<br /> in To«Tlshi~ Eleven 111 North, Ftane Ten (lUl Westof the
<br /> 6thP.hf.~~Fta1l Count Nebraska.
<br /> tokethet wit), all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights,
<br /> privileges and appurtenances located thereon or in any way pertaining thereto, and the rents, Issues.
<br /> profits, r^verslons and the remainders thereof, including all such personal property that is attached
<br /> to the improvements 4o as to constitute a fixture, all of which, including replacements and additions
<br /> thereto, ore hereby declared to be a part of the real estate conveyed in trust hereby. it being agreed
<br /> that all of t'le foregoing shall he hereinafter referred to as the "Property...
<br /> FOR TtiE '~'URPOSF. OF SECURING'
<br /> (a) the ayment of personal indebtedness owing from Trustor to Beneficiary, as
<br /> evidenced by Promissory Notes of various dates in the total present principal amount of
<br /> (S
<br /> (b) the payment of interest at the rate or rates provided in the afore-described notes and
<br /> the payment of both principal and interest on any and all renewals, modifications and extensions
<br /> of such notes;
<br /> (c) the payment of principal and interest on any future advance as may be videnced by
<br /> promissory nott~s stating they are secured by this Deed of Trust; provided, however, that the
<br /> total principal indebtedness, not including sums advanced to protect the security or interest
<br /> accrued, shall not exceed the scan of Ten Thousand Do-llnrs & No/lU0(s 10 QQQ. Q
<br /> (d) the performance of each agreement and covenant of Trustor herein contained; and
<br /> (e) the pay-ment of any sum or sums of money which kay be hereafter paid or advanced by
<br /> Beneficiary tinder the terms of this Deed of Trust, toget.er with interest at' the highest
<br /> rate provided in the notes secured hereby.
<br /> To protect the security of this Deed of Trust, Trustor hereby covenants and agrees as follows:
<br /> 1. Payment of Indebtedness. To pay when due. tb~ principal of, and the interest on, the in-
<br /> dehteJn+-ss evidenced by [he note, charges, fees and a.l other sums as provided in the loan inctru-
<br /> merits.
<br /> 2. Title. Truster is the owner of the property and has the tight and authority to execute
<br /> this Deed of Trust in respect to the property.
<br /> 3. Taxes and Assessments. To pay, when due, all taxes, special assessments and all other
<br /> charges aRai„st the property, before the same become delinquent, and, in the event Beneficiary
<br /> shall so require, to add to the payments required carder the note secured hereby, such amount as
<br /> may be sufficient to enable Beneficiary to pay such taxes, assessments or other charges as they
<br /> c -_we due.
<br /> 4. Insurance, To ;seep the improvements now or hereafter located on the real estate
<br /> described herein insured against damage by fire and such other hazards as Beneficiary may require,
<br /> in amount:; and companies accoptable to Beneficiary, and with loss payable to Beneficiary. In case
<br /> of loss under such policies, Beneficiary is authorized to adjust, collect and compromise, in its
<br /> discretion, all claims thereunder and, at its sale option, is authorized to either apply the pro-
<br /> ceeds to the restoration of the property or upon the indebtedness secured hereby, but payments
<br /> required by the note shall continue until the sums secured hereby are paid in full.
<br /> 5. Repair, Maintenan~.,c- and Use. To )romptly repair, restore or rebuild any buildings or
<br /> improvements now or hereafter on the property; to keep the property in good condition and repair,
<br /> without waste and free from mechanics or other liens not expressly subordinated to the lien hereof;
<br /> to riot make, suffer or permit. any nuisance to exist nor to dimini-3h or impair the value of the
<br /> property by any act or emission to act; and to comply with all requirements of law with respect
<br /> to the property.
<br /> 6. Condemnation. In th% event the property, or any part tbrreof, shall be taken by eminent
<br /> domain, Beneficiary is entitled to collect and receive all compensation which may be paid for any
<br /> property taken or for damages to property not taken, and Beneficiary slu:.tl apply such compensation,
<br /> at its option, either to a reduction of the indebtedness secured hereby or to repair and restore
<br /> the property so taken.
<br /> 7. Performance by Beneficiary. Beneficiary may, but shall have no obligation to, do any act
<br /> which Truster has Agreed but falled zo do-, and Beneficiary may also do any act it deems necessary
<br /> to protect the lien hereof. Truster agrees to repay, upon demand, any sums so expended by Bene-
<br /> ficiary`.or the above purposes, and any sum no expended by Beneficiary shall be added to the in-
<br /> debtedness secured hereby and become secured by the lien hereof. Beneficiary shall not incur any
<br /> personal liability because of anything it may do or omit to do hereunder.
<br /> B. Inspections. Beneficiary, or its agents, representatives or workmen, are authorized to
<br /> enter at any reasonable time upon or in any part of the property for the purpor+e of inspecting the
<br /> same and for the purpose of performing any of the acts it is nuthorixed to perform under the terms
<br /> of any loan instruments executed by Trustor.
<br /> 9. Assignm.nt of Rents. Beneficiary shall. have the right, power and authority during the
<br /> continuance of this Deed of Trust to collect the rents, issues and profits of the property and of
<br /> any personal property located thereon with or without taking possession of tile property affected
<br /> hereby, and Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits
<br /> to Beneficiary. Beneficiary, however, hereby consents to Trustor's collection and retention of such
<br /> rents, issues and profits as they, awcrue and become payable, so long as Truster is not, at such time,
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