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t}�� <br />p6, 1 ■�1■ V098� W7lten NP 68361 <br />Q <br />I0.5 _ <br />DEED OF TRUST <br />THIS DEED OF TRUST, is made as of the 28th day of February _ 1y 86 by and among <br />H and( "Trustor "), whose mailing address is <br />J <br />Corby J. Flagle and Susan Flagle b ?nd <br />P.O. Box 2072, Grand Island, NE 68801 t `Trustee "l, whose mailing address is <br />CENTRAL BANK <br />P.O. Box 177, Central City, NE 68826 ( "Beneficiary ") whose mailing address is <br />and CENTRAL BANK <br />P.O. Box 177, Central City, NE 68826 <br />irrevocably transfers, conveys and assigns to Trustee, IN <br />FOR VALUABLE CONSIDERATION, Trustor ocably <br />WITH POWER OF SALE, for the benefit and security of Beneficiary . under and subject to the terms <br />TRUST, <br />conditions of this Deed of Trust, the real property located in the CSty of _Grand Island County of <br />"Property "): <br />and <br />Hall State of Nebraska, and legally described as follows (the <br />Lot 15 Meadua'lane Subdivision, Hall County, Nebraska <br />TOGETHER WTTH, all rents. easements, appurtenances, hereditaunents, interests in adjoining roads, <br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may <br />buildings and improvements, all crops raised thereon, and all <br />be or hereafter become an integral part of such <br />water rights. <br />to the Trustee are referred to collectively as the <br />The Property and the entire estate and interest conveyed <br />"Trust Estate ". <br />}+,OR 'fHE PL'RF'OSE OF SECURING: <br />a. Payment of indebtness in the total principal amount of 25 000.00 with interest <br />date: (the "Note ") with a maturity date of <br />therein, as evidenced by that certain promissory note of even <br />been delivered and is payable to the order of <br />February 28. 1996 executed by Trustor, which has <br />hereof. any raid all modifications, exten- <br />Benefician , and which by tilts reference is hereby made a part and <br />sions and renewals thereof, and <br />the Trust Estate, with interest thereon at the rate <br />b. Payment of all sums advanced by Beneficiary to protect <br />of•Twelve & One Hal�ercent (12.5_ `'it) per annum. <br />This Deed of Trust, the Note, and a ny other i nstrument given to e�idence or further secure the payment and <br />uerfortnanrt of any obligation seYUrcKI hereby are referred to collectively as the "Loan Instruments'. <br />TO F'Rt)TI:C'T "['HP: tiF.C'URITY OF THIS DEED OF T'Rt'ST: <br />1. PAYMENT OF INlll•:F VEDNESS. Trustor shall pay when due the principal of, and the interest on, the <br />in the Loan Instruments. <br />k <br />indebtedness evidenced by the Note• charges, fees and all other sums as provided <br />2. TAXES. Trustorshallp :,yeachinst;illmentof}tilt}txes inds pecialasscssmentsofevtry `kind.nowoallpro provide <br />notice or demand, and shalt provide <br />levied against the Trust Estate or any part thereof, before delinquency, without <br />taxes and assessments which maybe levied <br />Beneficiary with evidence ofthe payment of ware Trustor shall pay all <br />herein or upon t his 1)eed of Trust or the debt secured hereby, without reeattl to any law that <br />upon Beneficiary'sinterest <br />may be enacted imposing peiyment of the whole or any part thereof upon the Beneficiary. <br />3. INSC'RANCF AND REPAIRS. 'rrusiorshall maintain fire andextended coverage ins u rance in suring the <br />for no less than the amount of the <br />improvements and buildings constituting part of the Trust Estate an amount. <br />Note lco - insurance nutexceedin .8 permitted). Such insurance pulicY shall contain <br />unpaid principalhalanceofthe <br />a standard mortgage clause in favor of Beneficiary and shall not he cancellable, terminable or modifiable wiihoutten <br />and replace the Trust Estate or <br />l0i days prior written notice to Beneficiary. Trustor shall promptly repair, maintain <br />Estate. shall not deteriorate. In noeventshall the <br />any part thereof so that, except for ordinary wear and tear. the'rrust. <br />Trustor commit waste (in or to it,(. rust Estate. <br />4. ACT iOti5 AI } F.('TI!N. 'FRL'ST ESTATE. Trustor shall ppear in and contest any action or proceeding <br />Bt- or Ttusue, and shall pay all costs and <br />purporting to iffe^t the security hereof or the rights or powers of neficiary <br />expenses, including cost of ec idence of title and attorneys fees, m .try such action or proceeding in which Beneficiary <br />do in the manner provided in <br />or Trustee may appear. Should Trustor fail to make any payment or to any act as and <br />Beneficiary and, or Trustee. each in its own discretion. without obligation so to do and <br />any of the loan Instruments, the <br />demand upon Trustor and without releasing Trustor from any obligation, may make <br />'rrusrhall. <br />without notice to or to s <br />same in such manner and to such extent as either may deem may to protect the security hereof. <br />incurred by Beneficiary in connection <br />immediately upon demand therefor by Beneficiary, pav all costs and expenses <br />by heneficiarp of the forekuing rights• including without limitation costs of evidence of title. court <br />with the exercise <br />cost*, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten 110) days of written <br />demand shall draw interest at the default rate provided in tilt, time. <br />5. EMINENT DOMAIN, should the Trust Estate. or any part therem+f' or interest therein, e taken or damage 6y <br />in manner including deed in lieu of Condem- <br />season of any public impnn'ement or condemnation proceeding, or any other <br />information regarding such proceeding .Trustor shall <br />natiem i "Condemnation "i or shook! Trustor re•cive any nutia• or other <br />w --itten notice thereof ti. }ieneficiary. Btmef ciary shall tie entitl('(t to all compensation, awards and other pay - <br />give prompt <br />mentes or relief therefor, and shall fre' eCltiticd at its ilption to 1't rnenc'e, }tplie}tr i i1 and prosecute In lib own I7 }Ifrlt any action <br />in connection with such taking or <br />or proceedings. Beneficiary shall also he entitled tii make a ry comprclmise or settlement <br />All cornpensation. awards, damages, rights of action and proceeds awarded to Trustor tube "Proceeds't are <br />damage.. such <br />hereby amigned to Be neficiary and Trustor agrees, to execute such further ;(vsianntenty ul the Pruccects a Beneficiary or <br />Trustee may rtnuin. <br />6. A1,),olNTN1F.NT flF [ c so )R THl �I'FE lieneficiarc may, lnmi tent t tire. by a written instrument <br />t litntbl iriry', nttn of t,, Trustor and IicH•urdecf In the a �r rl}Iti\ 111 wtnell full• Trust Estate IN <br />< <br />exwuted and acknowiedge(i <br />theprie.l i n ,tit ten( ?trhi•atl�e [aw ,'I t}le`5tat+t >I hei11 ^,t hl�nllGtitlitt .l hat'(•f'1FYer <br />_ <br />I <br />1. <br />pcatf_d and by ntherwisf I, llFll vi rig Y, ith <br />;it surY'f!1win, to !hi, 1 ru ."., narn Ni herein 1r lei'tin}, hl relltlttc'r. <br />� lf'N ili'rl't!' <br />' <br />A1,[) j .51f `ti `1 1 i I l!e l i f rel I i!e [ 1 ur— ( lit,, 1n'rl. fit It ,11111 lohi`; p trt <br />hf l,'lill •ill r1, 11 'il'ePl il`,t'.11l bile <br />their lairs. legal {y',a 1':11'e1•µ )'r�i +(i,t f t' ` +!.('l(1 ,N_ :, K t ^' S tc��{};11 ,.1i\ <br />r >'.4ree•F i4rlet ht >idYr nt t +1f' Niao w1wtbef 'I 11 't II a wd as It rn t' f nt <br />�'ti.t'bt'i';e �'' a.e}r tut+r•.. r ecy. r,qm IL .I�•. rr.l'; I <br />t1} 1 IdHF f',nt t , ill f i Yt.':..f ,.:f y <br />1 rriv <br />ter lY lt, It 'e t'. '! .II, (} �'1 .. .• 'i e•l,!- <br />