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7 <br />CONT5:d 102091 <br />ARRA OF TRUST <br />This Dead of Trust to made this 9th day of_ Aril _ 1.9$7 , by and among Roger G. <br />• •rl J. � ailR��� - - - -� haralnaftar referred to es lrudtAr," <br />whose 11in� addrdas lh . 1' �- _Axw.e d '1 �, <br />Attarnoyy at i.aw, hareinef ar raferreti to as Trustee, whose mailing address ia_ R <br />Grsillci island NE � and 'f NE OVRRI.ANA NATlONAI. RANK OF C,RAND "LSLANA, haralnaftar referred to es <br />tegeficiary, whose mailing address is P. 0. Box 1bBB, Grand Island, Nebraska bBB02. <br />For valuable consideration, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, In <br />trust, with power of sale, for the benefit and security of Beneficiary, under and subject to the terms and <br />conditions of this Deed of Trust, the following - described property, located in . Hall County, <br />Nebraska, to -wit: <br />Lot Nine (9) in Block One (1), in Parkhill Subdivision, an <br />addition to the City of Grand Island, Nebraska. <br />together with all buildings, improvements, fixtures, streets, alleys, passrgeways, easements, rights, privi- <br />leges and appurtenances located thereon or in any way pertaining thereto, and the rents, issues, profits, <br />reversions and the remainders thereof. Including all such personal property that is attached to the improve- <br />ments so as to constitute a fixture, all of which, including replacements and additions thereto, are hereby <br />declared to be a part of the real estate conveyed in trust hereby, it being agreed that all of the fore- <br />going shall be hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: - <br />(a) the payment ,gf indebtedness �.yidenr_ed y T s note of even date herewith in <br />the principal sum of thirty -13eyen lllousan Ct & 1V0�1� 37,000,00 ), together <br />with interest at the rate or rates provided therein, or the principal and interest on any <br />future advance not to exceed the total principal a= initially secured hereby as evidenced <br />by promissory notes stating they are secured hereby, and any and all renewals, modifications <br />and extensions of such notes, both principal and interest on the notes being payable in <br />accordance with the terms set forth therein, which by this reference is hereby made a part <br />hereof; <br />(b) the performance of each agreement and covenant of T nusror herein contained; and <br />(c) the payment of any sum or sums of money which may be hereafter paid or advanced <br />by Beneficiary under the terms of this Deed of Trust, together with interest thereon at the <br />rate provided in the none. i <br />To protect the security of this Deed of Trust, Trustor hereby covenants and agrees as follows: <br />1. FF vment of Indebtedness. To pay when due, the principal of, and the interest on, the indebted- <br />ness evidenced by the note, charges, fees and all other &Lima at; provided In the loan instruments. <br />2. Title. Trustor Is the owner of the property and has the right and authority to execute this <br />Deed of Trust in respect to the property. <br />3. Taxes and Assessments. To pay, when due, all taxes, special assessments and all other charges <br />v =. <br />against the property, before the same become delinquent, and, in the event Beneficiary shall so require, <br />to add to the payments required under the note secured hereby, such amount as may be sufficient to en- <br />able Beneficiary to pay such taxes, assessments or other charges as they become due. <br />4. Insurance. To keep the improvements now or hereafter located on the real estate described <br />herein insured against damage by fire and such other hazards as Beneficiary may require, in amounts and <br />companies acceptable to Beneficiary, and with loss payable to Beneficiary. In case of loss under such <br />policies, Beneficiary is authorized to adjust, collect and compromise, in its discretion, all claims <br />r„ <br />thereunder and, at its sole option, is authorized to either apply the proceeds to the restoration of the <br />property or upon the indebtedness secured hereby, but payments required by the note shall continue until <br />the sums secured hereby are paid in full. <br />5. Repair, Maintenance and Use. To promptly repair, restore or rebuild any buildings or improve- <br />ments now or hereafter on the property; to keep the property in good condition and repair, without waste <br />and free from mechanics or other liens not expressly subordinated to the lien hereof; to not make, suffer <br />or permit any nuisance to exist nor to diminish or impair the value of the property by any act or omission <br />to act; and to comply with all requirements of law with respect to the property. <br />6. Condensation. In the event the property, or any part thereof, shall be taken by eminent domain, <br />Beneficiary is entitled to collect and receive all compensation which may be paid for any property taken <br />or for damages to property not taken, and Beneficiary shall apply such compensation, at its option, <br />either to a red•iction of the indebtedness secured hereby or to repair and restore the property so taken. <br />7. Performance by Beneficiary. Beneficiary may, but shall have no obligation to, do any act which <br />Trustor has agreed but failed to do, and Beneficiary may also do any act it deems necessary to protect <br />the lien hereof. Trustor agrees to repay, upon demand, any sums so expended by Beneficiary for the <br />above purposes, and any sum so expended by Beneficiary shall be added to the indebtedness secured here- <br />by and become secured by the lien hereof. Beneficiary shall not incur any personal liability because of <br />anything it may do or omit to do hereunder. <br />®. Assignments of Rents. Beneficiary shall have the right, power and authority during the con- <br />tinuance of this Dead of Trust to collect the rents, issues and profits of the property and of any per - <br />sonal property located thereon with or without taking possession of the property affected hereby, and <br />Trustor hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. <br />Beneficiary, however, hereby consents to Trustor's collection and retention of such rents, issues and <br />profits as they accrue and become payable, so long as Trustor is not, at such time, in default with re- <br />spect to pa, t of any indebtedness secured hereby, or in the performance of any agreement hereunder. <br />If any event of default described hereafter in respect to this Deed of Trust shall have occurred and be <br />continuing, Beneficiary, as a matter of right and without notice to Trustor or anyone claiming under <br />Trustor, and without regard to the value of the trust estate or the interest of the Trustor therein, <br />shall have the right to apply to any court having Jurisdiction to appoint a receiver of the property. <br />9. In pgc.tLons. Beneficiary, or its agents, represent at Ives or workmen, are authorized to enter <br />at any reasonable time upon or in any part of the property for the purpose of inspecting the same and <br />for the purpose of performing any of the acts it is authorized to perform un,+er the terms of env loan <br />tnatrumants executed by Trustor. <br />10, i fsr of Pro p0 rt v. If all or any part of the pro perry or env tat crest of inmst or th<•rein <br />