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DEED OF TRUST HE?— i ()s$O;g THIS DEED OF TRUST, madsthis 2224 dayof October ,iii 86 ,by and among David P. Niemoth and Judith K. Niemoth, w amailinngg aaddrre self (Street) RR #1 Box 178 (City) Doniphan (State and Zip) _Nebraska (herein "Trustor"); and Bank of Doniphan whose mallingaddressis(Street) 120 Plum St. (City) Doniphan _(State and Zip) Nebraska 68832 (HwWn "Trustee'); and Bank of Doniphan -.whose mails ig address Is (Street) 190 Plum St. (City)_ Doniphan (StateandZip) Nebraska 68832_ (herein "Beneficiary"). FOR VALUABLE CONSIDERATION, Including the indebtedness identified herein and the trust heteln created, the recelpt of which is hereby acknowledged. Trustor irrevocably grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the tionefit and secur. Ity of Bdraflclary, under and subject to the terns and conditions of this Deed of Trust, the real property described as follows: A tract of land comprising the South Four Hundred Forty —Two (442.0) feet of the East Half of the Southwest Quarter (E }SW}) of Section Twenty —Two (22), Township Ten (10) North, Range Nine (9) West of the 6th P.M., Hall County, Nebraska, excepting therefrom that part thereof conveyed to the State of Nebraska by Deed recorded in Book 71, at Page 524 of the Deed Records of Hall County, Nebraska. TOGETHER WITH, all rents, profits, royalties, income and other benefits derived from the real property; all leases or subleases covering the real 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 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- ments, hereditarnonts and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water stock; all right, title and Interest of Trustor, now owned or hereafter acquired• in and to any land lying within the right-of -way of any st•eet or highway adjoining the real property, any and all buildings, fixtures, improvements, and appurtenances now or hereafter erected thereon, or belonging thereto. (herein referred to as "Improvement" or improvements'); and any and all awards made for the taking by eminent domain, or by any proceeding or pur- chase in lieu thereof, of the whole or any part of the real property. All of the foregoing estate, property and interest hereby conveyed to Trustee herein collectively referred to as the "Property ". THIS DEED OF TRUST SHALL SECURE. (a) The payment of indebtedness evidenced by Trustor's note of even date herewith in the principle sum of Sixty Thousand and No/ 100 Dollars ($ 60.000.00 1, together with interest at the rate or rates provided therein. (herein, together with any and all renewals, modifications, and extensions thereof, referred to as the "Note') both principal and interest on the Note being payable in accordance_ with the terms set forth therein, reference to which is hereby made• the final payment of erincipal and interest, if not sooner paid and if no renewals, modifications or extensions are made, due and payable on 0"t, obei 22� 1'191 (b) The performance of each agreement and covenant of Trustor herein contained: and (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 r Trust. (d) The payment of any future advances necessary to protect the security or any future advance made at the option of the parties; and (a) The performance of an obligation of any other person named in this Trust Deed to a beneficiary. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: a '. 1. Paynoorit of Principal and Interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and 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 ? 2. Wet►arNy of TRW Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed and has 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 will warrant and defend the title to the Property against all claims and demands. 3. Mal donencel and Compliance with Laws. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit impairment 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- ment, now or hereafter erected upon the Property shall be altered• removed or demolished without the prior written consent of Beneficiary. Trustor shall comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per. mil any act to be done in or upon the Property in violation of any law, ordinance, regulation, covenant, condition or restriction. Trustor shall com- plete or restore promptly and in good workmanlike manner any improvement on the Property which may be damaged or destroyed and pay, when due, all claims for labor performed and materials furnished therefore and for any alterations thereof. 4. insurance. Trustor, at Its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the Improvements and per - sonal property, constituting the Property, against loss by fire, lightning, tornado, and other perils and hazards covered by standard extended coverage. endorsement, In an amount equal to at least one hundred percent of the full replacement value thereof and insurance against such other hazards and In such amounts as is customarily carried by owners and operators of similar properties or as Beneficiary may require for its protection. Trustor will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the Interests of the respective parties. All insurance policies maintained pursuant to this Deed of Trust shall name Trustor and Beneficiary as in. sureds, as their respective interests may appear, and provide that there shall be no cancellation or modification without any less than 15 days 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 data, Trustee or Beneficiary may procure such insurance in accordance with the provisions of paragraph 7 hereof. Trustor shall deliver to Benafk:lary the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish such insurance by Trustor, or renewals as required hereunder shall, at the option of Beneficiary. constitute a default. 5. Texas, Asseesntents, and Charges. Trustor shall pay all taxes, assessments and other charges, including, without limitation. fines and Im- positions attributable to the Property, and leasehold payments or ground rents. It any, before the same become deliquent. Trustor shall promptly furnish to Beneficiary all notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prompt- ly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon 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 part thereof upon the Beneficiary. i