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I® <br />In <br />10,5 87- 104213 Hultman and Felton d Wolf Walton. Ne 66961 <br />F <br />DEED OF TRUST <br />THIS DEED OF TRUST, is made as of the 14th day of July 19--9-7 by and among <br />Leo Jacobsen and Leona Jacobsen, Husband and ( "Trustor "), whose mailing address is <br />wife Minden, Nebraska <br />The First National Bank of Minden, Nebraska, �< <br />a Trustee"), whose mailing address is <br />banking corporation organized under the laws o� <br />the United States of America Mipde , Ndbra A$a <br />and The First National Bank of Minden ( "Beneficiary whose mailing address is <br />Minden, Nebraska <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably 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 <br />and conditions of this Deed of Trust, the real property located in the City of Grand I s 1 a nd , County of <br />Ha 11 State of Nebraska, and legally described as follows (the "Property"): <br />Lot Twenty -Two (22) in Block Four (4), Morris Second Addition, <br />an Addition to the City of Grand Island, Hall County, Nebraska <br />TOLxETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />streeW and alleys, improvements and buildings of any kind situated thereon and all personal property that may <br />be or hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all <br />water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the <br />"Trust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtness in the total principal amount of $ .6 0 0 - 0 0 with interest <br />thereon, as evidenced by that certain promissory note of even date (the "Note ") with a maturity date of <br />June 22. 1992 -executed executed by Trustor, which has been delivered and is payable to the order of <br />Beneficiary, and which by this reference is hereby made a part hereof, and any and all modifications, exten- <br />sions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon st the rate <br />of 9-7 percent ( 9 - 7 p,) per annum. <br />'Phis Deed of Trust, the Note, and any other instrument given to evidence or further secure the paymentand <br />performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />1. PAYMENT OF INDEBTEDNESS. Trustor shall pay when due the principal of, and the interest on, the <br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />2. TAXES. Trustor shall pay each installment of all taxes and special assessments of every kind, now or hereafter <br />levied against the Trust Estate or any part thereof, before delinquency, without notice or demand, and shall provide <br />Beneficiary with evidence of the payment of same. Trustor shall pay all taxes and assessments which may be levied <br />upon Beneficiary's interest herein or upon this Deed of Trust or the debt secured hereby, without regard to any law that <br />may be enacted imposing payment of the whole or any part thereof upon the Beneficiary. <br />3. INSURANCE AND REPAIRS. Trustor shall maintain fire andextended coverage insurance insuring the <br />improvements and buildings constituting part of the Trust Estate for an amount no less than the amount of the <br />unpaid principal balance of the Note (co- insurance not exceeding 80% permitted). Such insurance policy shall contain <br />a standard mortgage clause in favor of Beneficiary and shall not be cancellable, terminable or modifiable without ten <br />(10) days prior written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust Estate or <br />any part thereof so that, except for ordinary wear and tear, the Trust Estate shall not deteriorate. In no eventshall the <br />Trustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Truster shall appear in and contest any action or proceeding <br />purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and shall pay all costs and <br />expenses, including cost of evidence of title and attorney's fees, in any such action or proceeding in which Beneficiary <br />or Trustee may appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in <br />any of the Loan Instruments, Beneficiary and./or Trustee, each in its own discretion, without obligation so to do and <br />without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the <br />same in such manner and to such extent as either may deem necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Beneficiary, pay all costs and expenses incurred by Beneficiary in connection <br />with the exercise by beneficiary of the foregoing rights, including without limitation costs of evidence of title, court <br />costs, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten (10) days of written <br />demand shall draw interest at the default rate provided in the Note. <br />5. EMINENT DOMAIN. Should the Trust Estate. or any part thereof or interest therein, be taken or damaged by <br />reason of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condem- <br />nation ( "Condemnation "). or should Trustor revive any notice or other information regarding such proceeding, Trustor shall <br />give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other pay - <br />ments or relief therefor, and shall be entitled atits option to commence, appear in and prosecute in its own name any action <br />or proceedings. Beneficiary shall also be entitled to make any compromise or settlement in connection with such taking or <br />damage. All such compensation, awards, damages, rights of action and proceeds awarded to Trustor (the "Proceeds!') are <br />hereby assigned to Beneficiary and Trustor agrees to execute such further assignments of the Proceeds as Beneficiary or <br />Trustm may require. <br />6. APPOINTMENT OF SUCCESSOR TRUSTEE. Beneficiary may, from time to time, by a written instrument <br />executed and acknowledged by Beneficiary, mailed to Trustor and Recorded in the County in which the Trust Estate is <br />located and by otherwise complying with the provisions of the applicable law ofthe State of Nebraska substitute a successor <br />or successors to the Truster named herein or acting hereunder. <br />7. SUCCESSOR.ci AND AISNIGNS. This Deed of Trust applies it,, inures to the benefir of and binds all parties hereto, <br />their heirs, legatees, device%%_ personal representatives, successors and assigns. The term "Reneficiarc" shall mean the <br />owner and ha of the Note, whether or not named as Beneficiary herein. <br />H. INSPF:('T IONS. Beneficiary, or its agents. representattivet; or workmen, are authoripeti to enter at any reasonable <br />time upon or in any part of thr Trust Fstate for the purpose of inspecting the some and for the pur),ow, id twrfornting any of <br />the, r"Its it is atothorirevl to nerf4ttt tinder the terms of any of the Lean lnrtruments <br />