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DEED OF TRUST 87-101810 Th_e�p�t THIS DEED OF TRUST, made this 30th day of Mar Ch ,19 87 by and among. Marke tarian, Inc whose mailing address is (Street) BOX 1283 (city) Grand Island ( Stafe and Zip) Nebraska 68802 (herein "Truster "); and Bank of Doniphan whose: mailing address is(Street) BOX B (City) Doniphan (State and Zip) Nebraska 68832 (Herein "Trustse i; and Bank of Donipban whose mailing address is (Street) BOY B (city) Doniphan (Stateandzip) Nebraska 68832 ,(herein"Beneficiary'q. FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the receipt of which is hereby acknowledged. Truster irrevocably grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and secur- ity of Beneficiary. under and subject to the terms and conditions of this Deed of Trust, the real property described as follows: The Southerly Forty Four (44) Feet of Lot One (1), Block Sixty Two (62), Original Torn, now City of Grand Island, Hall County, Nebraska. TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property: all leases or subleases covenn- the real property or any portion thereof, now or hereafter existing or entered into, and all right title and interest of Truster thereunder: all interests, estate of other claims, both In law and in equity, which Truster now has or may hereafter acquire in the real property: all easements, rightsof -way, tene- ments, hereditaments and appurtenances thereof and thereto: all oil and gas rigitts and profits, water rights and water stock: all ri^ title and interest of Truster, now owned or hereafter acquired. m and to any land lying within the right -of -way of any street or highway adjoining the nial property. any and all buildings. fixtures. improvements, and appurtenances now or hereafter erected thereoc, or belonging thereto, {+ter¢ax referred to as "Improvement" or Improvements'): and any and all awards made for the taking by eminent domain, or by any pioceed"ing or pur- chase in lieu thereof, of the whole or any part of the real property. Ail of the foregoing estate, property and interest hereby conveyed to Trustee nerem collectively referred to as the "Property THIS DEED OF TRUST SHALL SECURE: (a) The payment of indebtedness evidenced by Truster's note of even date herewith in the principle sum of S6Yenty Five 1hgg4Md Dollars n 75,000.00 ), together w'th interest at the rate or rates provided therein. (herein. together with ar-y and all renewals, modifications, and extensions thereof, referred to as the "Note') both principal and interest on the Note being payable w affiance with the terms set forth therein, reference to which is hereby made, f a #fit of principal and interest. if reel sooner yard and of no renewals, modifications or extensions are made. due and payable on YL (b) The performance of each agreement and covenant of Truster herein contained: and (c) The payment of any sum or sums of money with interest thereon which may be +hereafter paid or arfranced under the terms of this deer# of Trust. (M The payment of any future advances necessary to protect the security or any future advance made at the option of the parties: and (e) The performance of an obligation of any other person named in this Trust Dead to a beneficiary. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. PayfMnt of Principal and Interest Truster shall prompt iy pay when due the principal of and interest ae the indebtedness evidenced by tie Note and all other Charges and fees as provided in the Note, and the principal of and interest cn any Future Advances secured by this Deed of Trust 2. Warranty of ThW Truster is lawfully seized and possessed of good and indefeasible title and estate to the Property thereby corweye i and has the right to grant and convey the Property: the Property is free and clear of all Liens and encurn{xancces except liens now of - record: and TnrStor will warrant and defend the title to the Property against all claims and demands. 3. Matntertafeq and Compliance with Laws. Truster shall keep the Property in good condition and repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any Lease if this Deed of Trust is on a mod. No improve. nett- now or hereafter erected upon the Properly shall be altered, removed or dernoli-shed with- 2 rte p'-'•• _ written cimmiser- of Beneficiary- T -. ;r shall comply with all taws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit. suffer, or per- mit any act to be done in or upon the Property in violation of any law, ordinance. regulation. covenant, condition or restriction_ Trustor Mall Corr, piete or restore promptly and in good workmanlike manner any improvement on the Property which, may be damaged or destroyed anti pay, when due, all claims for labor performed and materials furnished therefore and for any alterations thereof. t. insurance. Truster, at its expense, will maintain with insurers approved by Beneficiary, insurance with respect to the Improvements and per- sonal property, constituting the Property, against loss by fire, lightning, tomado, and other perils and hazards covered by standard extended coverage endorsement. in an amount equal to at least one hundred percent of the full replacement value thereof and insurance against sucri other hazards and ,n such amounts as is customarily carried by owners and operators of similar properties or as Beneficiary may require for its protection. Truster will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the interests of the respective parties. All insurance policies maintained pursuant to this Deed of Trust snap name Truster and Beneficiary as in- sureds, as their respective interests may appear, and provide that there shall be no cancellation or modification without any less than 15 days 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 - date, Trustee or Beneficiary may procure such insurance in accordance with the provisions of paragraph 7 hereot Truster shall deliver to Beneficiary the otiginei policies of insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to turnisfh such insurance by Truster, or renewals as required hereunder shall, at the option of Beneficiary, constitute a defaulL --- 5. Tsxss, Assessments, and Chergss. Truster shall pay all taxes, assessments and other charges, including, without limitation, fines and im- positions attributable to the Property, and leasehold payments or ground rents, it any, before the Santa become defiquent. Truster shall promptly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Trustor shall make payment directly. Truster shall prompt- ly furnish to Beneficiary receipts evidencing such payments. Truster shall pay all taxes and assessments which may be levied upon Beneficiary's interest herein of upnn this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. - -