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I <br />GEED OF TRU 5— 001616 <br />THIS DEED OF TRUST, made this __24t�,_ day of _44az4 , ig _, by and among Louis R. Engel and <br />Joyce N. Engel wnose mailing address is (Street) RR #1 (Cltv) Doni P hall � Nebraska <br />_. <br />(State and Zip) <br />68832 <br />(herein "Trustor "); and Bank Of DOniphan <br />whose <br />mailing address is (Street) _ 118-190 n7 rm St (City) Dori than (State and Zip) _NE 6R R 32 <br />(Herein "Trustee,,); and _ Rnnk of Mnip,han , whose mailing address is (Street) <br />� St. <br />(City) Doni han P (State and Zip) NE 68832 _, (herein "Beneficiary'). <br />FOR VALUABLE CONSIDERATION, including the indebtedness Identified herein and the trust herein created, the receipt of which is hereby <br />acknowledged, Trustor Irrevocably grants. transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and sscur- <br />Ity of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the real property described as follows: <br />A tract of land comprising a part of the Southeast Quarter of the Southwest Quarter (SEaSIV;) <br />Of Section Fourteen (14) Township Nine (9) North, Range 'Fen (10) Nest of the 6th P.M. in Hall <br />County, Nebraska, more particularly described as follows: Beginning at the southeast corner <br />of said Southwest Quarter (SIV4); thence westerly along the south line of said Section Fourteen <br />(14), a distance of �ix Hundred Fifteen and Thirty Seven Hundredths (615.37) feet; thence <br />deflecting right 125' 24153" and running northeasterly, a iliStaiiC% of one i h;aisai,d l y e <br />and Sixty Four Hundredths (1,055.64) feet to the East line of saie Southwest Quarter(SVI); <br />thence southerly along the east line of said Southwest Quarter (SW 41); a distance of Eight <br />Hundred Sixty and Twenty Seven Hundredths (860.27) feet to the place of beginning and containing <br />6.076 acres more or less of which 0.459 acres more or less are presently occupied by county <br />road right -of -way. <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, hereditament$ 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 10 any land lying within the right-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 />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 FDollars (s 47 , 000.00 0 <br />1, together with th erest at the rate or rates d intere thereiand all <br />with th 1 modifications, forth 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 f al dymenl of principal and interest, if not Sooner paid and if no <br />renewals, modifications or extensions are made, due and payable on <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of anv v„m or sums of money with interest thereon which may be hereafter paid or advanced under the terms of this Deed of <br />Trust. <br />Id) 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 />I. PSYRmt of Principal and Interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />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 <br />2. Warr" of Title. Trustor is lawfully seized and possessed of good and ndefeasible title and estate to the Property hereby conveyed arid has <br />the right to grant and convey the Property; the Properly is free and clear of all wens and encumbrances except (fens now of record: and Trustor <br />will warrant and defend the title to the Property against all claims and demands. <br />3. M4W4wN ogand Comptllaince with Laws. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit <br />impairment or deterioration of the Property and shall comply with the provisions of any lease it this Deed of Trust is on a leasehold. No improve- <br />ment, now or hereafter erected upon the Property shalt be altered, removed or demolished without the Prior written consent of Beneficiary. Trustor <br />nhA11 Comply with All IAwA ordinances, reQUlaf nna <br />mlt 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 />plots 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'urnished therefore and for any alterations thereof. <br />a. Ihewarlee. 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 1055 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 h ■¢ands 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 requesi for the protection by insurance of the <br />interests of the respective parties. All 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 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 />date, Trustee 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 arid 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 />5. Taxes, AaeeeaMllts, and Charpea. Trustor shall pay all taxes; assessments and other charges, including, without limitation, fines arid im• <br />Positions attributable to the Property, and leasehold payments of ground rents, it any, before the same become deliquent. Trustor shall promptly <br />furnish to Boneliclary all notices of amounts due under this paragraph, and in the event Trustor shall make Payment directly, Trustor shall prompt. <br />iy furnish 10 Benaticiary receipts evidencing such Payments. Trustor $hail pay all taxes and assessments which may be levied upon <br />BenetiCtary's Interest herein of 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 />0a`�ff <br />1 <br />7 <br />