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CONTSid <br />DEED OF .TRUST 01'"'102169 <br />This Deed of Trust is made this day of - -_, 19-87 . by and mums <br />Thommon & Rosie hereinafter referred to as Trustor," <br />If whose mailing address to ; � R , <br />Attorney at Law, hereinafter - referred to as Trustee, whose mailing hddreas is <br />and THE OVERLAND NATIONAL BANK OF GRAND ISLAND, hereinafter re errad to an <br />gesneficiary, whose mailing address is P. 0, Box 1688, Grand Island, Nebraska 68802, <br />For valuable consideration, Truster 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 />The East One Acre of Lot Seven M f of Norwood Subdivision <br />of the Wrist Half of the Northwest Quarter (WLNAW ) of <br />Section Ten (L10), in Township Eleven (11 North. of <br />Range Nine (9), West of the Sixth (6th) Principal Meridian, <br />Hall County, Nebraska.. <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, casements, 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 of indebtedness evidenced b Trustor's note of even date herewith in <br />the principal sum of Seven Thousand & No /100 - --- $ 7,000.00 ), 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 sum 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 vm 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 pertormance of each agreement and covenant of 7- rtutor herein contained; and <br />(c) the Payment of any am 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 note. <br />To protect the security of this Deed of Trust, Truster hereby covenants and agrees as follows: <br />1. Payment of Indebtedness. To pay when due, tlu principal of, and the interest on, the Indebted- <br />ness evidenced by the note, charges, fees and all other sums as provided in the loan instruments. <br />2. Title. Truster 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 />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 />A. 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 loan payable to Beneficiary. In case of loss Carder such <br />policies, Beneficiary is authorized to adjust, collect and compromise, in its discretion, all claims <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 />S. R�palrMalnt chance and Use. To promptly repair, restore or rebuild any buildings or improve - <br />mants now or hereafter cm 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. Condemne.tion. 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 reduction of the indebtedness secured hereby or to repair and restore the property so taken. <br />7. Perf5Lrmance by Beneficfar�. Beneficiary may, but shall have no obligation to, do any act which <br />Truster 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 Ilan hereof. Beneficiary shall not incur any personal liability because of <br />anything It may do or omit to do hereunder. <br />B. Assignments of Rents. Beneficiary shall have the right, power and authority during the con - <br />tinuance of this Deed of Trust to collect the rents, issues and profits of the property and of any per- <br />social property located thereon with or without taking possession of the property affected hereby, and <br />Truster hereby absolutely and unconditionally assigns all such rents, issues and profits to Beneficiary. <br />Beneficiary, however, hereby consents to Trustor's collective 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 to- <br />spect to Payment of any iadebtedneas 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 env court having jurtsdtcti,ne to appoint a receiver of the property. <br />Ins„pectl_ona. Beneficiary, or i.ts agents, representatives or workmen, are authorized to enter <br />at easy reasonable t! me upon or in any part of that property for the purpose of inspecting the same and <br />for the purpose of performing any of the avers it is authorized to perform under the terms of any loan <br />lsastrustnt.s executed by Trustor, <br />aras£er of Pro wr4 y. if all or any p.rt of errs ,ra pe rt•a or acv tnterwst 4 Tru »e or ibe rein <br />.i_ <br />