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A <br />iJ <br />1015 NnNman and folio A Wolf, WA4An, Na. 6 MI <br />DEED OF TRUST <br />�i <br />THIS DEED OF TRUSS', is made as of the tat day of . b 19-&Z, by and among <br />HARRY J. FARNHAM, 'TRUSTER, ( "Trustor "), who" mailing Address is <br />1405 North 204 Street, P. 0. Box 466, Elkhorn, Nebraska 68022, <br />BANK OF WOOD RIVE4, ( "Trustoo"), whose mailing address is <br />Wood River, Nebraska, <br />and BANK OF WOOD RIVER, ( "Beneficiary ") whose mailing address is <br />Wood River, Nebraska <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, convoys and assigno to Trustoo, 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 Dead of Trust, the real property located in the City of County of <br />Hall State of Nebraska, and legally described as follows (the "Property"): <br />The Southerly Four Hundred Fifty (450.0) feet of the Easterly Five Hundred Ten (510.0) <br />j feet of the Southeast Quarter of the Northeast Quarter (SEA NEk) of Section One (1), <br />Township Ten (10) North, Range Twelve (12) West of the 6th P.M., in Hall County, <br />Nebraska, said tract containing 5.269 acres more or less. <br />TOUETHER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may <br />be err 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 />"Bust Estate ". <br />FOR THE PURPOSE OF SECURING: <br />a. Payment of indebtness in the total principal amount of $ 50,000-00 with interest <br />thereon, as evidenced by that certain promissory note of even date (the "Note') with a maturity date of <br />October 1, 1988 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 T ust Estate, with interest thereon attherate <br />of Ten & 1/2 percent ( 10 ) per annum. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <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. Truster 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. Truster 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. Truster shall pay. all taxes and assessments which may be levied <br />upon Beneficiary's interest herein or upon this Deed of Trust or the dobt4ecured 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. Truster 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 withoutten <br />(10) days prior written notice to Beneficiary. Truster shall promptly repair, maintain and replace the Trust Estate or <br />any part thereof so that, except for ordinary wear and t ear, the Trust Estate shall not deteriorate. In no eventshall the <br />Truster commit waste on or to the Trust Estate. <br />i 4. ACTIONS AFFECTING TRUST ESTATE. Trustor 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 Truster 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 Truster and without releasing Trustor from any obligation, may make or do the <br />name in such manner and to such extent as either may deem necessary to protect the security hereof. Truster 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 />cats, 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 />R 5. EMINENT DOMAIN. Should the Trust Estate, or any part thereof or interest therein, be taken or damaged by <br />s remon of any public improvement or condemnation proceeding, or in any other manner including deed in lieu of Condom• <br />i nation ("Conderanation'), or should Truster recive any notice or other information regardingsuch proceeding, Trustor shall <br />give prompt written notice thereof to Beneficiary. Beneficiary shall be entitled to all compensation, awards and other pay <br />marts or relief therefor, and shall be entitled at its 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 />All such compensation, awards, damages, rights of action and proceeds awarded to Try (tine •'Proceeds ") are <br />hereby assigned to Bonefidm and Truster agrees to execute such further assignments of the Procoods as Beneficiary or <br />Trustee 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 Truster and Recorded in the County in which the Trust Estate is <br />located and by otherwise complying with the provisions of the applicable law of the State of Nebraska substitute a successor <br />or successors to the Trustee named hen or acting hereunder. <br />7. SUCCESSORS AND ASSIGNS. This Deed of Trust applies to, inures to the benefit of and binds all parties hereto, <br />their hairs, tom, devimes al representatives, successors and assigns. The term "Beneficiary" shall mean the <br />owner one! ho&th• of the Note, whether or not flamed as Beneficiary herein. <br />b. <br />INSPECTIONS. Beneficiary, or its agents, representatives or workmen, are authorized to enter at any reasonable <br />time upon or in any put of the Trust Estate for the purpose of inspecting the same and for the purpose of performing any of <br />the acts it is nuthorized to perform under the terms of any of the Loan Instruments. <br />