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„M .107 ) )/QH1� BEND Ut'' TRUST JiMUKNb A.N Ai1JUbTAM.L KA1G fivit
<br />♦Iril�il`= TRUSTOR3 WRITTEN ACKNOWLEDGMENT
<br />Lmmine E. Ei.nspahr and
<br />The undersigned, E11111ILDne M. ElnSpahr , hereby certify and acknowledge that, before signing and
<br />executing the below Emac OT FrUST, TnOy d sign this Written Acknowledgment and, by virtue hereof, the
<br />undersigned understand, and understood before signing said Deed of Trust, that said Deed of Trust is a Trust Deed
<br />and not a mortgage and that the power of sale provided in said Deed of Trust provides substantially different
<br />rights end obligatlons to the undersigned than a mortgage In the event of a default or breach of obligation under
<br />the said Trust Deed, Including, but not limited to, the Beneficiary's right to have the Real Property sold by the
<br />Trustee without any judicial proceeding or foreclosure. The undersigned represent and warrant that this Written
<br />Ackncwledglsent was executed by them before the execution of the Trust Deed. This Written Acknowledgment is
<br />as a preface to and made a part of the below Deed of Trust.
<br />I�3RSlne E. ErMlahr TRUSTOR Etnaline M. Einspahr TRUSTOR
<br />TRUSTOR TRUSTOR
<br />NEMIASKA DEED OF TRUST
<br />THIS DEED OF TRUST, made this 13th day of February_ A.D. 1986 by and
<br />between laMine E. Einsipahr and EmaTine M. Einspahr. ni t+ ana wife,
<br />of n y of Adams and State of Nc.hracka hereinatter called rue or ,
<br />and n.„JA g 8ii,he.. o -„- County, Nebraska,
<br />hereinafter called "Trustee ", and The Equitable Life Assurance a New York
<br />Sa :3> blh_ ',. ^pier]
<br />Corporation, having its principal office and post office address at 1285 Avenue of the Americas
<br />New York, New York 10019 hereinafter called "Beneficiary ";
<br />WITNESSEfH, That the Trustor, for good and valuable consideration, including the debt and trust hereinafter
<br />mentioned and created, and the sum of one dollar to him paid by the said Trustee, the receipt and sufficiency of
<br />which is hereby acknowledged, does by these presents, irrevocably grant, bargain and sell, rnnveyy assign and
<br />confirm unto the said Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under
<br />and subject to the terms and condition of this Deed of Trust, the following described real property situated
<br />In Adams County, Nebraska, to -wit:
<br />See Exhibit "A" attached hereto and by this reference incorporated herein.
<br />and the following described real property situated in Hall County, Nebraska, to -wit:
<br />See Exhibit "A" attached hereto and by this reference incorporatian herein.
<br />containing 234.37 acres, more or less.
<br />TOGETHER with and Including all and signular the tenements, hereditaments, appurtenances and privileges
<br />thereunto belonging or in anywise appertaining, whether now or hereafter acquired, which shall include, without
<br />limiting the generality of the foregoing, the following:
<br />All of the rents, issues and profits, including all rents, royalties, bonuses and benefits under any
<br />existing or future oil, gas or mineral or other leases; all easements and rights of way; all rights of
<br />homestead and homestead exemption and any surviving spouse's marital or distributive share, and all
<br />other contingent rights in and to said premises; all water, water rights, whether riparian,
<br />approprlative or otherwise and whether or not appurtenant, all ditch rights, and any shares of stock
<br />evidencing any such water or ditch right; and
<br />All fixtures, Improvements, buildings, and the plumbing, heating, ventilating and lighting systems and
<br />equipment therein; all barn equipment; and all pumps, pumping stations, motors, engines, machinery,
<br />reservoirs, pipes, flumes, fences, and other machinery or equipment, except tractors, used for the
<br />production of water on said premises or for the irrigation or drainage thereof, all of which shall be
<br />construed and considered as affixed to and part of the real estate.
<br />All of the foregoing estate, property and Interest hereby conveyed to the said Trustee is hereinafter
<br />collectively referred to as the "Property ".
<br />TO HAVE AND TO HOLD the same unto the said Trustee, his successors and assigns, forever, iN TRUST HOWEVER and
<br />WITH POWER OF SALE hereby expressly granted unto the said Trustee, his successors, and assigns for the purpose of
<br />securing:
<br />(a) The paYwent of Trustorw�,/1.Wt indebtedness to Beneficiary in the principal sum
<br />of One Hundred Fifty Thousand & Dbtlars (S 150 00000 ) for money borrowed, with interest
<br />thereon, a as y an n s r ct accordance w .erms c at certain promissory note, hereinafter
<br />called the "Note ", bearing even date herewith made payable to the order of Beneficiary, executed by --
<br />I�sroine E. Einsn .13.1, ne MA n and providing for the paymen o sa
<br />in s TTiTTi s, as o� w Y"'�' E page a anuary 1 1993 , subject to
<br />accelerstion of maturity on default In the payment of any Insfe men o pr nc pal or n res or in the
<br />performance of any covenant, agreement or warranty contained in this Deed of Trust;
<br />(b) The performance of each agreement, covenant and warranty of Trustor herein contained or set forth in the
<br />Note or any agreement or Instrument executed by Trustor In connection with the indebtedness hereby secured; and
<br />(c) The payment of any sum or sums of money with Interest thereon which may be hereafter paid or advanced
<br />under the terms of this Deed of Trust.
<br />NOW, THEREFORE, TO PROTECT Tiff SECURITY OF THiS DEED OF TRUST, Trustor does for himself and for Trustor's
<br />heirs, representatives, vandees, successors and assigns, the owners of said Property, hereby expressly covenan +,
<br />agree and warrant to and with the Trustee and Beneficiary, and their successors, vendees and esslgns:
<br />FIRST: That the Trustor hereby covenants and agrees, to the extent permlt +ed by law, as fcltows: tall to
<br />pay
<br />promptly when due the principal and interest and other sums of money provided for in the Note and in this
<br />i?erd of Trust; (b) to promptly pay before del tnquency all +axes, assessments and other charges imposed by Inw
<br />upon the Property, the Trustor's Interest +herein, or capon this Deed of 'r'rust or the No+,.: provlrkwd, however,
<br />that in the event 0 arty rhahtlu of +Mr law providing for +he taxa+lon of deeds Df t,r10 et,tq thereby aecar.�-t
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