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DEED OF TRUST 35--ii; 002624 T te THIS this =a-+ I? day of May _,1985 by and among Robert S. SnGel and � Deloris B. Sn9el 9 hose m;dnp gross i ( Str6t) t 2 • Box 174 (city) . DoniPhan (State and Zip) NE 68$32 (herein "Trustor) and Junk Of Doniphan` _ whose maltinpaddress Is(Strom) Rox R (City)�}f�llphan (State and Zip) 6$$32 (tlereh't "Truabs "); end Bank of Doni nhan whose mailing address is (Street) Box B (City) Donitahan (State and Zip) NE 68832 , (herein "Beneficiary"). FOR VALUABLE CONSIDERATION, including the Indebtedness Identified herein and the trust herein created, the receipt of which is hereby tl Trustor irrevocably grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and secur- ity of 8linafictary , under and subject to the terms and conditions of this Dead of Trust, the real property described as follows: NE% 26_10 -91, Ball 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, hereditaments 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 thereo , 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 put- chow 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; �� DO (a) The payment of indebtedness evidenced by Trustor's note of even date herewith in the principle sum of _ 31 75 s.._� Daiwa is 17 5, 0-00 _.), together with Interest at the rate or rates provided therein. (herein, together with any and all rat Swale, modifications, and extensions thereof, referred to as the "Note ") both principal a� interest on the Note being payable in accordance with the terms set forth therein, reference to which Is hereby made, the fin 1 ayrrtant of rnci Ljalj Interest, if not sooner paid and If no renewals, modifications or extensions are made, due and payable on _?e_��mper `_b r (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 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 (e) The performance of an obligation of any other person named in this Trust Dead to a beneficiary. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. f►syfinehl of pines at attd interest. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Nob, and aM 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. WartarMyof Tillie. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed and has the right 10 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. 9 iffigiIKe1M11oa Neff CampManos wN 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 it this Deed of Trust is on a lessehold. No improve. ~L 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 dews. Ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per. ulation, covenant, condition or restriction. Trustor shall com- mit any act to be done in or upon the Property in violation of any law, ordinance, reg pbbor remora 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. hmsWNlae• Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the Improvements and par- 4. property, constituting the Property, against toss by fire, lightning, tornado, and other perils and hazards covered by standard extended covarsgs endorsement. in an amount equal to at least one hundred percent of the full replacement value thereof and Insurance against such other hazard* and in such amounts as is customarily carried by owners and operators of similar properties or as Beneficiary may require for its protemlon. Trustor will comply with such other requirements as Beneficiary may from time to time request for the protection by insurance of the intuKms of the respective parties. All insurance policies maintained pursuant to this Deed of Trust shall name Trustor and Beneficiary as in- sutede, as their respective interests may appear, and provide that there shall be no cancellation or modification without any less than 15 days prier wfitteh notification to Trustee and Beneficiary. In the event any policy hereunder Is not renewed on or before 15 days prior to its expiration deb, Trueba of Beneficiary may procure such insurance In accordance with the provisions of paragraph I hereof. Trustor shall deliver to Benatioiary the original policies of Insursnce and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish SWA MW&npe by Trustor, or renewals as required hereunder shall, at the option of Beneficiary, constitute a default. 5. Tames, AeaapmNib, ahrf Charges. Trustor shall pay all taxes, assessments and other charges, including, without limitation, lines and im- positions ammalbutsible to the Property, and lessshold payments or ground rents. if any, before the same become dsilquent. Trustor shalt promptly lyrnis i to Sonaho win, all notrces of amounts due under this paragraph, and in the event Trustor shall lake payment directly, Trustor shall prompt• fWnbsft to BNbliCiafy receipts evidencing such payments. Trustor shall pay all loxes and assessments which may be levied upon 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. 9 J