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DUDOFTRUSr 86-- 105523 <br />THIS DEED OF TRUST, made this_9firb dayof September' ,tg�_,by and among Emil ZiolaaSlnfile, d /b /a <br />E. Z. Construction Comppanyy Doni hen <br />whosa'maiitng address Is (Strost) (City) L t <br />(irate and Zip) Nebraska 68832 (herein "Trustor'); and ___ Bank of Doniphan why' <br />melting ad time ls(Straet) 120 Plum Streetrtly) Doniphan (State End Zip) Nebraska 68832 <br />(W"n "Truslool; and Rank of nonniphan ,who" mailing address is(Street) 120 Plum St. <br />(City) Doniphan_ (Slate and Zip) Nebraska 68832 ,(herein "Banetictary'l. <br />FOR VALUABLE, CONSIDERATION, including the Indebtedness identified herein and the trust herein created, in* receipt of which Is hereby <br />Trustor irrevocably grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and sacur- <br />Ity try, yft(ier and subj�t to Ifi terms Z%4 eondltIons of this Dgsd of Trust She raalprposct� dsscrFbsO as fo ow'Village <br />ots One , Two , Tree 3 and Four , in o a u son to t e of <br />Doniphan, Hall County, Nebraska <br />and <br />Lot One (1) Schleichardt Subdivision, an addition to Doniphan, Hall County, Nebraska. <br />TOGETHER WITH, all rants, profits, royalt fee, income and other benefits derived from the real properly; 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 Truslor thereunder, all interests, estate or <br />other claims, both in law and In equity, which Trustor now has or may hereafter acquire in the real property; all easements, rights-of-Way, tens - <br />mentf, hor Itaments and appurtenances thereof and thereto; all on and gas rights and profits, water rights and water stock; all right, title and <br />interest of Truslor. now owned or hereafter acquired. In and to any land lying within the right -of -way of any street or highway adjoining the real <br />property, any and all buildings, fixtures, improvements, and appurtenances now or hereafter erected thereof, or belonging thereto. (herein <br />interred 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 thafsof, 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 Forty Thou §,and Seven <br />Hundred and No /100 <br />Dollars (,_110, 700.0Q 1, 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 payable in accordance <br />with the terms set forth therein, reference to which is hereby made, th0p�i(in•i1�pay ent of principal and Interest, it not sooner paid and if no <br />renewals, modifications or extensions are made, due and payable on lU`lU ^9� <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 />1.'ayeiant of Princlpal end Interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />Nola, aid all other charges and fees as provided in the Note, and the principal of and interest on any Future Advances secured by this Deed of Trust <br />2 Worroolyol TRW Trustor 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 liens 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. Maliseen ile" and Complienoe with Laws. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit <br />impaorment or deterioration of the Property and shall romply with the provisions of any lease if this Deed of Trust is on a leasehold. No Improve - <br />front, now of hereafter erected upon the Property shall be altered, removed or demolished without the prior written consent of Beneficiary. Truslor <br />shall comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per - <br />mit any act to be dons In or upon the Property in violation of any law, ordinance, regulation, covenant, condition or restriction. Trustor shall com- <br />plele or restore promptly and in good workmanlike manner any improvement on the Property which may be damaged or destroyed and pay, when <br />due, all claims for labor performed and materials furnished therefore and for any alterations thereof. <br />e, h~sEEe. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the Improvements and per• <br />aonsi property, 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 />protection, Trustor will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the <br />IntMRSta of the respective parties. All Insurance policies maintained pursuant to this Deed of Trust shalt name Trustor and Beneficiary as In- <br />surers, 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 />dele. Trustee or Beneficiary may procure such insurance In accordance with the provisions of paragraph 7 hereof. Trustor shall deliver to <br />tleneliciary the original policies of Insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish <br />such insurance by Trustor, or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br />S. Tsaee, ANSeamants, and Charge. Truslor shall pay all taxes, assessments and other charges, including, without limitation, ,Ines and im- <br />positions attributable to the Property, and leasehnld payments or ground rents, if any. before the same become deliquont. Trustor shall promptly <br />furnish to Bertefidary &11 111011001111 of amounts due under this paragraph, and In the event Trustor shall maze payment directly, Trustor shall pfompt- <br />ty furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Benetiolory'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 />put thereof upon the tlaneffcfery. <br />�l <br />