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19 <br />I.�CONTS:d <br />DEED OF TRUST 8tJ' 001851 <br />I-17 aI. S 4frtY1 h 1, _ _April tvendell W. {food and <br />19 85 , by and among lift _e A. ;"7 )(1 and <br />hereinafter ref rued to as Trustor," <br />whose maflhg address is OU l .7@T- P1'SOn, ; of ��tt <br />Attorney at Law, hereinafter referred to as "Trustee," whose mailing�addreas is trend S11a(;k <br />�'aralld Island NE ; and THE OVERLAND NATIONAL BANK OF GRAND ISLAND, hereinafter referred to as <br />"Beneficiary," whose mailing address is P. 0. Box 1688, Grand Island, Nebraska 68802. <br />For valuable consideration, Trustor irrevocably grants, transfers, conveys and assigns to Trustee, in <br />trust, with power of sale, for the benefit and security of Beneficiary, under and subjject to the terms and <br />conditions of this Deed of Trust, the following- described property, located in jj j] <br />Nebraska, to -wit: a County, <br />The North Half of the Northwest Quart(,?, (NIMI) of Section Four (4), <br />Towns lip Ten (10) North Ra.n e Ten (1() ti4test of the Sixth (6th) P.M., <br />and the Southwest Quarter of the Southwest Quarter (SVJSijJ) of <br />ectio it - lr 3 Township Fli:ven 1 wrth n e n (10), <br />comteVed 3v r or lrl'}3cib "" o -o - v <br />an i�e In <br />r s <br />s <br />together with all buildings, improvements, fixtures, streets, alleys, passageways, easements, rights, privi- <br />leges and appurtenances located thereon or Ln an}• way pertain log thereto, and [he rents, issues, profits, <br />reversions and the remainders thereof, including all such persortal property that is attached to the Improve- <br />ments ed as to constitute a fixture, all of which, Snclud ing replacements and additions thereto, are hereby <br />Improve- <br />declared to be a part of the real estate conveyed !n trust herebv, Lt being agreed that all of the fore- <br />going shall be hereinafter referred to as the "Property." <br />FOR THE PURPOSE OF SECURING: <br />(a) the payment of indebtedness evidenced by �l'rustor's note of even date herewith in <br />the principal sum of One Hundl'ed 'lllousand _ncl 1 c _ <br />with interest at the rate or rates provided i___ r., or t�,00,- ncS10 000 nt0 resttonethe <br />future advance not to exceed the total principal sum initially secured 'Hereby as evidenced <br />by promissory notes stating they are secured hereby, and any and all renewals, modifications <br />and extensions of such notes, both principal and interest c,n the notes befog payable In <br />hereof; <br />accordance with the terms set forth therein, which by this reference is hereby made a part <br />(b) the performance of each :,gre anent and covenant +,. frustor herein contained; and <br />(c) the payment of any sum or sums of money which May be hereafter paid or advanced <br />by Beneficiary under the tetras of this Deed of Trust, together with interest thereon at the <br />rate provided In the note. <br />To protect the security of Ellis Deed of Trust, frustor hereby covenants and agrees as follows: <br />1. Payment of Indebt_d_ness, ro pay when due, the principal of, and the Interest on, the Indebted- <br />ness evidenced by the note, charges, fees and all other ,isms as provided in the loan instruments. <br />2 Title. Trustor is the owner of the property and has the right and authority to execute this <br />Deed of Trust in respect Co the property, <br />3. Taxes and Assessments. To pay, when due, all taxes, special assessments and all other charges <br />against the property, before the same become delinquent, and, In the event Beneficiary shall so require, <br />to add to the payments required under the note secured hereby, such amount as may be s <br />able Beneficiary to pay such taxes, assessments or other charges as they become due. sufficient to en- <br />4. Insurance, In keep the improvements now or hereafter located on the real estate described <br />herein insured against damage by fire and such other hazards as Beneficiary may require, in amounts and <br />companies acceptable to Beneficiary, and with loss payable to Beneficiary. In case of toss under such <br />thereunder Beneficiary Is authorized to adjust, collect and compromise, in its discretion, all claims <br />the re un de•r and, at Sts sole apt ion, I� +wthor Ized to ,either apply the proceeds to the restoratl, of the <br />Property or upon the Indebtedness secured hereby, but pavmence reyulred by the note shall continue until <br />the sums secured hereby are paid in full. <br />5, RUalr1 Maintenance and Ilse. To promptl., repair, restore or r.:oufld any buildings or improve- <br />ments now or hereafter on the property; to keep the property in good condition anti repair, without waste <br />and free from mechanics or other liens not expressly subordinated to the lien hereof; to not make, suffer <br />or permit any nuisance to exist nor to diminish or Impair the value of the property by any .act or omission <br />to act; and to comply with all requirements of law with respect to the property. <br />6. Cond emn at io_n, In the event the property, or any part thereof, shall be taken by eminent domain, <br />Beneficiary Is entitled to collect and receive all compensation which may be paid for any property taken <br />or for damages to property not taken, and Beneficiary shall <;Pply such tompensatJ on, at its option, <br />either to a reduction of the indebtedness secured hereby or to repair and restore the prep —ty so taken. <br />7. Performance b Beneflclary. Beneficiary may, but !daall have nu oblfpatlon to, do arry act which <br />Y --- _ - - d <br />Trustor has agreed but Palled to do, and Beneflclary may also do any act It deems necessary to protect <br />the lien hereof. Trustor agrees to repay, upon demand, any sums su expended by Beneficiary for the <br />above purposes, and any sum so expended by Beneficiary shall be added to the indebtedness secured here- <br />by and become secured by the Ifen hereof. feneficiary .hall nut Incur any persunnl 1,,,,,,,Iec bed her• here- <br />anything It may do or omit to do hereunder. - <br />8. Assl •nments of Rents. Beneflclary Shall have the ri „hr, power and nu Uaurlty during the, run - <br />tinuance of th a Deed of Trust to collect the lssurs and nn,t(cs of tile <br />sand) pnaperty located thereon with or without Lakin Property :end of an•: cer- <br />17ustur hereby absolutely and unconditionally assigns allt�aiuch rents,huIssuesc and profits i to Benefi "I'I'v. <br />BeneflC'1nry, however, hereby conaent.s to 'I'tustor's collection end re�tentlou of such rents, Lssuc•s and <br />profits as they accrue and become payable, so lnnpr, as Ttw;cor Is nut, et � <_b time, to default wtt1, re- <br />spect to payment of any Indebtedness .....red hereby, r,r In the pertorm race of any nKrecment het- ,•,aud er. 'Ind If any event of default davc•rlbed hereafter In re spot to rhls :Mr e1 ,1 'nin t: •:hall have ur re.; ndo he <br />: mtlnuf oft. Ben of f,lary, as a matt r of right ;nd wit host not 1,.r to in -tor „r :urv,+ne ,'lalmink, undo•, <br />franr„r, and wl"out rry,ard to the. v,tur. ..1 toe tnu't <br />Ir the• 1'r <br />sta r Inl ,.•re �.t •,t u;+ t.,, Iher.•In, <br />s +roll avc tl right t> 1p{ ly n I an,' at t th <br />ours aviny i ,t i <br />'H In t .,-IVs, "f for I,roporr• <br />r• In filar r. t.l ns 9e nrfl.lar+ a Its ' <br />'u 'n, ter n,l.lt time up .,c .r In nr - I •nt tiv r r', ., yr Huth rl rd <br />( r i ue fur{ a I t-rf'rd g o; :.f the rte t� It' Pr It'. f -r t n r{ ., •I u:. p, rt lit tn.• <br />Smdi cease t •xeutl Y 1 Lur, ti ..t lz ,I I.. ,•rrl.,r rr: .inn r .. r, <br />Ire, rruvfet f PrI,pcity tt all •,r <br />- - e n , .., rr -,:. a -. ill ,, .t <br />f <br />k <br />�i <br />