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��- 101704 <br />DEED OF TRUST <br />THIS DEED OF TRUST, made this 11th day of M"Ch 19 87 , by and among Myron & Marsha <br />i autenscilager whose mailing address is (Street) Rt • 1. BOX 29 (City) Donipit'Ian <br />NE 68832 Bank of Doniphan <br />(State and Zip) (harem "Trustor "); and whose <br />mailing address Is (Street) Box B (City) DOniphan (StateandZip) NE 68832 <br />(Herein "Ti and Bank of Doni phan whose mailing address is (Street) BO'Y B <br />_(City) Doaiphan (StateandZip) HE 68832 (herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the 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 Dead of Trust, the real property described as follows_ - <br />East One -Half of Section 33, Township 9, Range 10 West, Hall County, <br />Nebraska less the following tracts more particularly described in <br />deeds recorded in Book 32, Page 534, Book 14, Page 24 Book 82, Page 655, <br />Book 138, Page 343, Book 145, Page 23, and Instrument; 76 -002662. <br />- TOGETHER WITH, all rents, profits. royalties, income and other benefits derived from the real property; ail leases or subleases covering the real <br />- <br />property or any portion thereof, now or hereafter existing or entered into, and all right, title and interest of Trustor thereunder: ail interests. estate Or <br />other claims, both In law and in equity. which Trustor now has or may hereafter acquire in the real property; all easements, rightsof-way, tene- <br />ments. hereditaments and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water stock; all right; title and <br />- - <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 thereo,. or belonging thereto, (herein <br />referred to as "Improvement" or Improvements "): and any and all awards 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 />- <br />All of the foregoing estate, property and interest hereby conveyed to Trustee herein collectively referred to as the­ Property"- <br />THIS DEED OF TRUST SHALL SECURE: <br />- (a) The payment of indebtedness evidenced by Trustor's note of even date herewith in the principle sum of Two Hundred Thousand <br />, <br />Dollars (S 200,000.00 1, together with interest at the rate or rates provided therein, (herein, together with any and all <br />- <br />renewals, modifications, and extensions thereof, referred to as the "Note ") both principal and interest on the Note being payable in accordance <br />- <br />- with the terms set forth therein, reference to which is hereby made, t fi ent of principal and interest, if not sooner paid and if no <br />� i�Y/ <br />renewals, modifications or extensions are made, due and payable on - <br />(b) The performance of 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 of this Dead of <br />Trust. <br />(d) The payment of any future advances necessary to protect the security or any future advance made at the option of the parties: and <br />- is) The performance of an obligation of 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. Payment of Prinelipal and interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />Note, and all other charges and fees as provided in the Note, and the principal of and interest on any Future Advances secured by this Deed of Trust <br />_ <br />2. warramy of Tide. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed :snd has <br />the right to grant and convey the Property; the Property is 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. Maintenance and Compliance with Laws. 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 tease if this Deed of Trust is on a leasehold. No improve- <br />- - <br />ment, now of hereafter erected upon the Property shall be altered, removed or demolished without the or -or written consent of Beneficiary. Trustor <br />- shall comply with alt laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per- <br />, mit 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, ali claims for labor performed and materials furnished therefore and for any alterations thereof. <br />" i. Insurance. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the improvements and per- <br />sonal property. constituting the Property, against loss 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 of the full replacement value thereof and insurance.against such <br />- other hazards and in such amounts as is customarily carried by owners and operators of similar properties or as Beneficiary may require for its <br />protection. Trustor will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the <br />- interests of the respective parties. All insurance 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 modification without arty less than 15 days <br />prior written notification to Trustee and Beneficiary. In the event any policy hereunder is not renewed on or before 15 days prior to its expiration <br />date, Trustee or Beneficiary may procure such insurance In accordance with the provisions of paragraph 7 hereof. Trustor shall deliver to <br />- Beneficiary the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof, Failure to furnish <br />- <br />- -, - such insurance cy Trustor, orienewals as required hereunder shalt, at the option of BBnefnciary, constitute a default. <br />- 5. Taxes, Asseaametts, and Charges- Trustor shalt pay all taxes. assessments and other charges. including, without limitation, fines and im- <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 Beneficiary all notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prompt - <br />ty furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon. this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or arty <br />part thereof upon the Beneficiary. <br />r, <br />