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<br />200710573 <br /> <br />Register of Deeds Office as Document No. 0200410737; thence <br />running N 46047'24" W, a distance of Fifty-three and Thirty-nine <br />Hundredths (53.39) feet, to a point on the original westerly high <br />bank of the Wood River as Recorded in Deed Book 174, Page <br />399; thence running N 06035'43" E, along the original westerly <br />high bank, a distance of One Hundred Fifty-five and Eighty-five <br />Hundredths (155.85) feet; thence running N 03027'08" W, along <br />the original westerly high bank, a distance of Two Hundred <br />Ninety-six and Forty Hundredths (296.40) feet; thence running S <br />38042'27" W, a distance of Three Hundred Seventy-four and Fifty <br />Hundredths (374.50) feet; thence running N 89042'08" W, a <br />distance of One Thousand Seven Hundred Thirty-four and Ninety <br />Hundredths (1734.90) feet, to the point of beginning. <br />(EXCEPTING THEREFROM, that portion of a tract of land <br />deeded to the City of Grand Island, Nebraska for drainage ditch <br />right of way and Recorded in Deed Book 161, Page 128, <br />consisting of 1,190 acres more or less), said tract containing <br />38.026 acres more or less, of which 0.723 acres more or less is <br />presently occupied by public road right of way. Net 37.303 acres <br />more or less. Along with the accretion rights to the land lying <br />between that portion of the original westerly high bank of the <br />Wood River as Recorded in Deed Book 174, page 399 and the <br />thread of the stream of the Wood River. <br /> <br />together with all the rents and properties therefrom and subject to easements and <br />restrictions of record, if any. <br /> <br />Borrower owes Lender $190,000, evidenced by Borrower's Note of even date, <br />payable according to the terms thereof. <br /> <br />This security instrument secures to Lender the debt evidenced by said Note, the <br />payment of all other sums, with interest, advanced under the provisions hereafter to <br />protect the security and the performance of Borrower covenants and agreements. <br /> <br />Borrower covenants that Borrower is lawfully seised of such real estate and has <br />the legal power and lawful authority to convey the same and warrant and will defend title <br />to the real estate against the lawful claims of all persons. <br /> <br />BORROWER AND LENDER AGREE AS FOLLOWS: <br /> <br />1. Borrower shall pay when due, the principal and interest as provided in said <br /> <br />Note. <br /> <br />2. All payments received by Lender shall be first applied to advances which may <br />have been made by Lender and then to interest due and last to principal due. <br /> <br />3. Borrower shall pay all general real estate taxes and special assessments <br />against the property before the same become delinquent. <br /> <br />4. If Lender determines that any part of the property is subject to a lien, which is <br />or may attain priority over this security instrument, Lender may give Borrower a notice <br />identifying the lien and Borrower shall satisfy the lien within 10 days. <br /> <br />5. Borrower shall keep the improvements on said premises insured against loss <br />by fire and hazards included within the term "extended coverage" for their full insurable <br />value and policies for the same shall include a standard mortgage clause showing <br />Lender herein. In event of loss, Lender may make proof of loss if not promptly made by <br />Borrower. Insurance proceeds shall be applied to restoration or repair of the property <br />damaged, unless both parties otherwise agree, except if restoration or repair is not <br />economically feasible, or Lender's security is not lessened; otherwise said proceeds <br />shall be paid on the debt herein, whether or not then due. <br />