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i <br />1 <br />DEEDOFTRUST 86- 106061 <br />TINS DEED OF TRUST, made this day of October .by and among _ Theodore J. Robb, <br />Single whose mailing address is (Street) P.O. Box 75 (City) _ Doniphan <br />0" 'and zip) Nebraska 68832 (tw eln "Trustor"); and Bank of Doniphan _ whose <br />no" address Is (Strew" 120 Plus St. (City) Doniphan (StateandZip) Nebraska 68832 <br />(Hatelo - -Trua w), and Bank of Doniphan whose mailing address is (Street) _ <br />120 Plus'S Cft Doniphan (Stateand2lp) Nebraska 68832 (herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herelh and the t; Est herein created, the receipt of which is hereby <br />Tremor krevocabiy grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and secur. <br />itylary, under and subject to the terms and conditions of this Deed of Trust, the reel property described as follows: <br />Lot Eight (8) and the Southerly One Half of Lot Seven (7) Block (1) in Second Addition <br />to Holcosb's Highway Hoses Subdivision in the NE }NE} of Section Twenty Eight (28) <br />Township Eleven (11) North, Range (9) West of the 6th P.M., Hall County, Nebraska. <br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; 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 Trustor 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, tene- <br />ments, heredhaments and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water stock; all right, title and <br />Interest of Trustor, now owned or hereafter acquired, in and to any land lying within the righl-of -way of any st•eet or highway adjoining the real <br />property, any and all buildings, fixtures, improvements, and appurtenances now or hereafter erected thereo,: or belonging thereto, (herein <br />referred 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 thereof, of the whole or any part of the real property. <br />AN 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 Fifty Three Thousand Seven <br />Hundred Fifty Two and 98/100 <br />DoNNS(f .�a 7g2. ), together with interest at the rate or rates provided therein. (herein, together with any and all <br />rerne+rlah, modificaitions, 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, the final payment of principal and interest, if not sooner paid and If no <br />renewals, modifications or extensions are made, due and payable on .tt' 7.V I - 19A 7 <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. (hysient of Principal! and Interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />NOW and all other charges and fees as provided in the Note, and the principal of and interest :)n any Future Advances secured by this Deed of Trust <br />2 Wamintyof T81e. 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. MraNtNhence and Compliance with Laws. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit <br />irnpairmant or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. No Improve- <br />ment, now or hereafter erected upon the Property shall be altered, removed or demolished without the prior written consent of Beneficiary. Trustor <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 done In or upon the Property in violation of any law, ordinance. regulation, covenant, condition or restriction. Trustor shall com- <br />plete 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 />4. humtenoe. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the Improvements and per- <br />sonal 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 />interests of the respective parties. Ali Insurance policies maintained pursuant to this Deed of Trust shall name Trustor and Beneficiary as in- <br />sureds, as their respective interests may appear, and proviu'e That there shall ten do 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 />date, Trusses or Beneficiary may procure such insurance in accordance with the provisions of paragraph 7 hereof. Trustor shall deliver to <br />Beneficiary 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. Taxse, Assessments, and Charges. Trustor shall pay all taxes, assessments and other charges, including, without limitation, fines and im- <br />positions attributable to the Property, and ieasshoid payments or ground tents, if any, before the same become deliquent. Trustor shall promptly <br />furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prompt. <br />ly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or any <br />part thereof upon the Beneficiary_ <br />L <br />