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r <br />r <br />MRD OF TRUST 87-- 103867 <br />THIS DEED OF TRUST, made this ..,. day of " — _ _� – ,19__..8.Z,.. by and among _... - y h <br />Shultz, Husband and Wuau mailing address is (City) <br />tState and Zip) -- Nebraska 68832 (twain "Trustor "); and Bank-of Doniphan -- T . who" <br />P <br />matting address Is (Street) _m m O. Drawer - .._.�...� <br />(City)._ Doniphan ___(State and zip) _ .NE _ 68832 <br />(Herein "Trustee "); and <br />Bank of Doniphan whose mailing address Is (Street) <br />�.�w__,..__. <br />P.A. Drawer Doni hen <br />..__.__� islets and Zip) <br />NE 68832 <br />(herein "Beneficiary "). <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein add'thnrdstfnrein created, the receipt of which is hereby <br />ackn 1. Trustor irrevocably grants, transfers, convoys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and secur• <br />ity of lary, under and subject to the terms and conditions of this Deed of Trust, the real property described as follows: <br />Lot Four (4), (Except that portion thereof conveyed to the State of Nebraska by Deed recorded <br />in Book 144, Page 15 of Deeds in the Office of the Register of Deeds of Hall County, Nebraska) <br />and The East Half of the Southwest Quarter (E}SWJ) (Except the South 'i42 Feet thereof) all in <br />Section Twenty Two (22), Township Ten (10), North, Range Nlne (9) West of the 6th P.M., Hall <br />County Nebraska together with an easement for ingress and egress over the Easterl One Hundred <br />Feet (x.00) of the Southerly 442 feet of the aforesaid East Half of the Southwest 4uarter (EtSW}) <br />of Section Twenty Two (22), Township Ten (10), North, Range Nine (9) West of the 6th P.M., Hall <br />County, Nebraska.; and <br />The North Half of the Southeast Quarter (N }SE}) of Section Fourteen (14) in Township Nine (9), <br />North Range Nine (9), West of the 6th P.M. in Hall County, Nebraska. <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or subleases covering the real <br />property or any portion thereof, now or hereafter existing or entered into, and all right, title and Interest of Trustor thereunder; all interests, estate or <br />other claims, botn to law and in equity, which Trustor now has or may hereafter acquire in the real property; all easements, eights -of -way, tens - <br />ments, heredttaments and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water stock; aft right, title and <br />interest of Trustor, now owned or hereafter acquired. in and to any land lying within the right -of -Nay of any street or highway adjoining the real <br />property, any and alt buildings, fixtures, improvements, and appurtenances now or hereafter erected thereon, 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 />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 j�Ji n v ThnrrAand and Nn / 100 <br />Dollars __), together with interest at the rate or rates provided therein, (herein, together with any and all <br />renewals, modifications, and extensions thereof, referred to as the "Note ") both principal and interest on the Note being asyable in accordance <br />with the terms ast forth therein, reference to which is hereby made, the final payment of principal and interest, if not sooner paid and if no <br />renewals, modifications of extensions are made, due and payable on _.___ _ r i l_._1 :.___144 Z. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <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 Deed 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 />(a) 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 />t. payment of ptinelpel and (ttNtiat. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />NOW and as ertwr charges and We as provided in the Note, and the principal of and interest on any Future Advances secured by this Deed of Trust <br />2, WilitnMI of This, Truster is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed and has <br />the right to grant and convey the Property; the Property is free and clear of all lions 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 />3, IIII&WAer4mrs and CkmWillence with Laws. Trustor shall keep the Property in goodcondition and repair and shall not commit waste or permit <br />Impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust Is on a leasehold. No improve - <br />ment, now or hereafter erected upon the Property shall be altered, removed or demolished without the prior written consent of Beneficiary. Trustor <br />shall comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per - <br />mtt any act to be done In or upon the Property in violation of any law, ordinance, regulation, covenant, condition or restriction. Trustor shall eom- <br />pl to or restore promptly and In good workmanlike manner any improvement on the Property which may be damaged or destroyed and pay, when <br />due, ail claims for labor performed and materials furnished therefore and for any alterations thereof. <br />,. kviiiwamm Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the improvements and per - <br />d prepairty, 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 />action. Trustor will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the <br />a of the respeclivs 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 any 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 />dais. Trustee of Senellciary may pfocufe 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 />such inaurame by Trustor, or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br />S. yllreelt, Aelleespseptig, MW Chw9w Trustor shall pay all taxes, assessments and other charges, including, without limitation, fines and im- <br />pq*Worta attributillibIa to the Property, and boa old payments or ground rents, if any, before the same become deliquent. Trustor shalt promptly <br />fufnieft to Bilinaticisfy all notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prompt. <br />ty f to eeneficwy receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's Interest herein or upon this Dead of Trust without regard to any law that may be enacted imposing payment of the whole or any <br />the ficiary. <br />a <br />I <br />