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<br />88- 106643 <br /> <br />DEED OF TRUST <br />THIS DEED OF mUST, m.d.thla....Lili...-d.y of November . 19..IDL-. bV and among William R. Waters. <br />a Single person wholomllllngftddrenllCStreet) 2019 w. 12th Street (CltvlGrand Island, <br />(Sta,e Ind Zip) NE 68803, (herein "Trustor"); end Bank of Doniphan whose <br />mllllngaddr...I.(Slr..I) P.O. Box B (ClIvi Doniphan \Sta.a and Zlpl NE 68832 <br />CHefeln "Trust.."); end Bank of Doniphan ,WhO!lB mailing address II (9'r8ot) <br />P.O. Box !!cCllvl Doniphan (Slat. and Zip) Nebraska 68803. (har.ln "Ban.lIcl.ry"). <br /> <br />FOR VALUABLE CONSIDERATION. Including thelndeblednas1!I Identllled hDTel,; and Ihb trust herein croated, the receipt of which 18 hereby <br />acknowledged. Truslor Irrevocably grants, transfers. conveys, and asslgne 10 Trustee, IN TRUST, WITH POWER OF SALE, ror the benefit and aecur- <br />lIy of Beneficiary, under and subject to the tarms Bnd condlllons of this Dead of Trust, the real property described as follows: <br /> <br />Lot Four (4), Block Four (4), in Bogg's snd Hill's Addition to the <br /> <br />City of Grand Island, Hall County, Nebraska. <br /> <br />TOGETHER WITH, all rents, profits, royalUes, income and other benefits derived from the real property; all leases or subleases covering the real <br />property or any portion thereof, now o~ hereafter existing or entered into, and all right, IIlIe and Interest of Trustor thereunder, all Interests, estate or <br />olherelalmB, boln In law and in equity, which Trustor now has or mey hereener acquire In Ihe real property; all easements, rights-of-way, tene- <br />menta, hereditaments and appurtenances thereof and therelo; all 011 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 street or highway adjoining the real <br />property, any and all buildings, fixtures, Improvements, and appurtenances now or hereafter erected thereon or belonging thereto, (herein <br />referred to a. "Improvement" or Improvements"); and any and all awards made tor the taking by eminent domain, or by any proceeding or pur- <br />cha.eln lieu thereof, of the whole or any part of the real property. <br />All Df the foregoing estate, property and Interest hereby conveyed to Trustee herein collectively referred 10 as the "Property". <br />THIS DEED OF TRUST SHALL SECURE: <br />II) Thepaymlnt Df Indebtedness Bvidenced by Trustor's note of even date herewith in the principle sum of 1't.11 eve thousand and no/IOD <br />Dollars IS 1? non nn \, together with interest at the rate or rates provided therein, therein, together with any and all <br />renewala, modifications, and extensions thereof, referred to as the "Note'" both principal and Interesl on the Note being payable in accordance <br />~1~~~~jll~~:If~~~t~~~~ ~~:~~~~8~~~e:~~~~':d:,h~~~ ~~~;~::b~~~e, t~~~~~~:~m~n.t 01~~8c~IPal and Interest, If nol sooner paid and If no <br /> <br />(b) Tha performance of each agreement and covenant of Trustor herein contained; and <br /> <br />(c) The payment of any Bum or BumS of money with interest thereon which may be hereafter paid or advanced under the terms of this Deed 01 <br />Trust. <br /> <br />(d) The payment of any future advances necessary 10 protect the security or any future advance made at the option of the partias; Bnd <br /> <br />(e) The performance or an obligation of any other person named In this Trust Deed to a beneficiary. <br /> <br />TO PROTECT THE SECURITY OFTHIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: <br /> <br />1. Plynilnt of Prlnclpallnd Inllrnt. Trustor Bhall promptly pay when due the principal of and Interest on the Indebtedness evidenced by the <br />Note, and all other chargB5 and fees as provided In the Note, and the prinCipal 01 and interest on Bny Future Advances secured by this Deed of Trust <br /> <br />2. W.rrantyot nlll. Trustor Is lawfully seized and possessed of good and Indefeasible title and 8state to the Property hereby conveyed and has <br />the right to grant and convey the Property; the Property la free and clear of all liens and encumbrances except liens now of record; and Trustor <br />will warrant and defend the title to the Property against all claims and demands. <br /> <br />3. Malntenanea Ind CompUancewlth LawI. Trustor shall keep the Property In good condition and repair and shall not commit waste or permit <br />impairment or deterioration of the Pruperty and shall comlJly with the provisIons of any lease If this Deed of Trust Is on a leasehold. No Improve- <br />ment, now or hereafter erected upon the Property shall be allered, removed or demolished without the prior written consent of Beneficiary. Trustor <br />shall comply with all laws, ordinances, regulations, 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. TrU5tor 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 furnished therefore and for Bny alleratlonsthereof. <br /> <br />".Inluranee. Trustor, at Itse.pense, will maintain ,yl1h inaurora approved by Beneficiary, Insurance with reapecllo the Improvements and per. <br />sonal property, constituting the Property, against 10SB by fire, lightning, tornado, and other perils and hazards covered by standard extended <br />coverage endorsement, In an amount equal to at least one hundred percent 01 the lull replacement value Ihereot and Insurance against such <br />other hazards and In such amounts as is customarily carried by owners and operators of similar properties or aa Beneficiary may require for Its <br />protection. Trustor will comply with such other requlremenls as Beneficiary may from time to time request for Ihe protection by inBurance of the <br />Interests of the respectlvB parties. All Insurance policies maintained pursuant to this Deed of Trust shall name Truslor and Beneficiary B8 In. <br />sureds, ea their respective Interests may appear, and provide that Ihera shall be no cancellation or modification wlthoul any less than 15 days <br />prior written notification to Trustee and Beneficiary. In the event any policy hereunder ISl10t renewed on or before 15 days prior 10 Its expiration <br />date, Tru.tee or Beneficiary may procure such Insurance In accordance with the provisions of paragraph 7 hereof. Trustor shall dellvar to <br />Beneficiary the original pollclea of Insurance Bnd renewale thereof or memo copies 01 such policies Bnd renewals thereof. Failure tD furnish <br />such Insurance by Trustor, or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br /> <br />5. Tn... Aa..um.ntl, and Chlrg... Trustor shall pay alllaxes, assessments and olher charges, Including, wlthoutllmlletlon, fin as and 1m. <br />positions attributable to the Propenv, and leasehold payments or ground rents. If any, before the same become dellQuent. Truslor shall promplly <br />lumllh to Beneficiary all notices at amounts due under tl'1ls paregraph, and in the event Trustor shall maka payment directly, Trustor shall prompt. <br />IV furnish to SensUclaTV receipts evidencing such peyments. Trustor shall pay all taxes and assessments which may be levied upon <br />hneflclary', Interest herein or upon this Deed of Trust wllhaut regard to any law that may be enacted Imposing payment of the whole or any <br />part thereof upon Ihe Benetlclary. <br /> <br />'-- <br /> <br />--l <br />