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I= <br />85. 001845 <br />F1urn•,an inn Felton 5 Wol! 'Nd11on Ne 68461 <br />DEED OF TRUST <br />THIS DEED OF TRUST, is made as of the _1_L =. day of . � r__L 19-L-5 L, by and among <br />L� �at•rz r n.� �_l, ;l rustor"), whose mailing address is <br />M . �, } �_ r . ._ ("Trustee "), whose mailing address is <br />and 1 l a ! !rt .r C>> .s`, is' <br />FOR r - - - - ( "Beneficiary ") whose mailing address is <br />FOR VALUABLE CONSIDERATION, Trustor irrevocably transfers, conveys and assigns to Trustee, IN <br />TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, ugder and subject to the terms <br />and conditions of this Deed of Trust, the real property located i n the City of d"',kn d • !r „ d <br />State of Nebraska, and legally described as follows (the "Pro "Property"): Lei /SC,ountyof <br />TOGETVER WITH, all rents, easements, appurtenances, hereditaments, interests in adjoining roads, <br />streets and alleys, improvements and buildings of any kind situated thereon and all personal property that may <br />be or hereafter become an integral part of such buildings and improvements, all crops raised thereon, and all <br />water rights. <br />The Property and the entire estate and interest conveyed to the Trustee are referred to collectively as the <br />"Trust Estate ". <br />FOR THE PURPOSE OF SEC'URING: <br />a. Payment of indebtne&s in the total principal amount of $ . ! 0C with interest thereon, as evidenced by <br />that certain promissory note of even date (the "Note ") with a maturity date of —T—J, S' __ <br />by Trustor, which has been delivered and is payable W the order of Beneficiary, an which by this reference is <br />hereb • made a <br />1 part hereof, and any and all modifications, extensions and renewals thereof, and <br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at the <br />rate of —L`L_ percent (1V`) per anmmll. <br />This Deed of Trust, the Note, and any other instrument given to evidence or further secure the payment and <br />performance of any obligation secured hereby are referred to collectively as the "Loan Instruments ". <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST: <br />I. PAYMENT OF INDEBTEDNESS. Truster .hall pay when due the principal (if. arid the interest on, the <br />indebtedness evidenced by the Note, charges, fees and all other sums as provided in the Loan Instruments. <br />'_' TAXES. Trustorshallp: tye: ac• hinstallmentofalltaxesandspeciaalassessmentsofeverykind ,now'orhereafter <br />!,vied against the "Trust Estate or any part thereof• he, fore delinquency, without notice ordemand, and shall provide <br />Beneficiary with evidence of the payment of same. 'rrustor shall pay all taxes and assessments which may be levied <br />upon Benefit lards merest heroin or upon this Deed ofTrust or thedeht secured hereby, without regard to any law that <br />may he enacted imposing payment of the whole or anv part thereof upon the Heneficiarv. <br />:i. INSURANCE AND RE PAIRS. Trustor shall maintain fire and not extended c •oven age insurance insuringthe <br />improvements and buildings consaitu I'll g part of the Trust Estate for an amount no less than the amount of the <br />unpaid principal balance of the Note (co- insurance not exceeding rill permitted). Such insurance policy'shall contain <br />a standard mortgage clause in favorof Beneficiary and shall not becancellable'. terminableor modifiable without ten <br />l0) dues prier written notice to Beneficiary. Trustor shall promptly repair, maintain and replace the Trust Estateor <br />any part thereof so that, except for ordinary wear and tear, theTrust Estate shill notdtterior:rte. fn noevent shall the <br />'rrustor commit waste on or to the Trust Estate. <br />4. ACTIONS AFFECTING TRUST ESTATE. Trustor shall appear in and contest any action or proceeding <br />purporting to affect the security hereof or the rights or powers of Beneficiary or-Trustee, and shall pay all costs and <br />expenses• including cost of evidence of title and attorney's fees• in any such action or proceeding in which Beneficiary <br />or. trustee map appear. Should Trustor fail to make any payment or to do any act as and in the manner provided in <br />any of the Loan instruments, Beneficiary and. or Trustee, each in its own discretion, without obligation so to do arid <br />without notice to or demand upon Trustor and without releasing Trustor from any obligation, may make or do the <br />same in such manner and to such extent as either nnay deem necessary to protect the security hereof. Trustor shall, <br />immediately upon demand therefor by Henefiejury, pay all costs and expenses incurred by Beneficiary in connection <br />with the exercise by beneficiary of the foregoing rights• including aeithuut limitation co s of evidence (if title, court <br />cants, appraisals, surveys and attorney's fees. Any such costs and expenses not paid within ten 1 I(,(d�ys of written <br />demand shall draw interest at the default rate provided in the Note. <br />5 EMINE:N'1' DOMAIN. Should the Trust Estate. or any part thermf or interest therein, be taken or dannaged toy <br />reawnt of ally public improvement or condemnation 1) rc,ceiding,or in -any other manner including deed in lieu of ('onde•m- <br />nafion "'Condemnation"!. or should Trustor revive anv notice or other information rog:arding such prof - tding. Truster shall <br />give prompt written notice theresaf to Beneficiary. Beneficiary 811:111 heentil.led to all con,pen8atien, awards and other payl <br />ment8 or relief there ftir, and shall lx• entitled at its option to colnnumce'. appear in and prosecute In its own name any acl jilt, <br />or proceedings. fieneticiary shall also tx• erantlf4l to make any compromise or settlement ur cennectjorr with such taking or <br />damage. All such compensation, awards, damages. rights of action and proceeds awarded to) Truster Ith, Tro,veds "r are <br />hereby assigned tit Henefic•ia:ry and Trustor :egrets to exervte eurh further n88ignrneaNB of the I'rnrw 8la a8 Benefiri,a rc it <br />Trustee may ririuim. <br />ti. APPOiNTMEN'T OF S( It •1'R1'STE E, Beneticiar}' ma }., from run, to unit., i,c a tknilvii instrnm,nt <br />executed till] acknowledges) by lienefrcrory, nnadesl In'1'nrstnr:ancl Iterorded u, the 1'ounh ua whuh Ih,'tru8t Estaap• a.. <br />loruted and by otherwise conaply,og with the provisions of the apphcabfe law nfthe tittle• of NrbraBka suhsGh,te a nnc,rneur <br />or succemors to the Trustee enamel] herein or aci ot; hereunder <br />7 S1.I(`('EKSOILS AND ,AS: ;I(:NS 'Thin Des•d of Trusi applo•s to, inur,n to Iht }xqu•lit nl eni hnu18 all puHu n htmlo, <br />their heirs. legatees, devi,,ces . personal repn'nentotn'en. 8neresnorn and ;an+rgn8 '!'he lean "lienrtiruar> 1114!1 nreaa Ii , <br />owner and holder ref the Note. whether or net nanu•d ns li,neficuu''1 1" "` . <br />m. INS1'f c. 11(lNh. lie nehclatry or rte •egtntr., rrl,renent•itI ew ur wnrkna•n. ;ire uulhnrvevl L. ,nl r al ;an,. ri ason:ahle <br />ortn, upon or m an} part f the Trust E:nGafe• far the purpose of metn•ctuig fht earn,• end fur th, pw po.�e• .f l4•rt�nn,ao; un� ,( <br />the 41410 it as aahorlm'd f lert"rna undtr tlu• h•rnes.,f anti ..f Iha i��.m lnstrumeeL� <br />a E 1",N'N OF 14:1-Al I "I Aw. ,,f the I Ilnwnie, •v,•nr shall L, I , nmi! n1 , c t ! 9:ni11 h.•reun ti•a <br />ei I real r Fuel! h -a4 1-ule11 t man, Iraq rn lit ..1 .au% u,tilnlln„ !11 ��(u,f,r •Nt, t ri l, <br />� -, ii. � - I u•.��ial in,i i.itrtr,.1 , ii1•, <br />-,the r ,ioo .,w urtd l,r, F„ .a h,,n fhr, ,�r <br />1 fh,'r h mn i,n, i -i '.n ai li rf nr ,l,•L, u!t nn,� r;ur. !ran sane ua :r,e .n,. n( .,r,. ill i..�, I,.,,, ,�;i „n ny.0 v•rh�l�.:; <br />•:r rr •it.,.- - nfmoid 1,1 .l Iln• I ­m lnmt au.ru•ut” <br />hi <br />I <br />i <br />