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F <br />,35 003430 <br />3 DEED OF TRUST <br />THIS DEED OF TRUST, made this 16th dayof `lu 19—A5— by and among Vernon D. & Patricia A. <br />i3redthauer whose mailing address is (Streel► at* 1-1 BOX 5 (city) '',lood itiver. <br />(State and Zip) NE 68883 (harem °Trustor "); and , 3ank or Doni Phan whose <br />mailing addressls(Straet) BOX B (City)_ Doniphan _ (State and Zip) NE 68832 <br />(Hereln'•Trustee ");and Bank of Doniphan ------,whose mailing address is(Street)_ BOX B <br />(city) Doniphan (State and Zip) (herein "Beneficiary"). <br />FOR VALUABLE CONSIDERATION, including the indebtedness Identified herein and the trust herein created, the receipt of which Is hereby <br />acknowledged, Truslor Irrevocably grants, transfers, conveys, and assigns to Trustee, INTRUST, WITH POWER OF SALE, for the benefit and secur- <br />Ity of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the real property described as follows: <br />See attached legal descriptions. <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 Truslor thereunder; all interests, estate or <br />other claims, botn to law and In equity, which Trustor now has or may hereafter acquire in the real property; all easements, rights -of -way, tene- <br />ments, hereditaments 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 to 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 thereof; 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 ileu 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 _31150-10100 .0LO_ <br />Dollars - __._— _ —__ —J, together with interest at the rate or rates provided therein. (herein, together with any and all <br />renewals, modifications, 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, thf inal ayrttQQnt of principal and interest. it not sooner paid and if no <br />renewals, modifications or extensions are made, due and payable <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(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 <br />Trust. <br />(d) The payment of any future advances necessary to protect the security or any future advance made at the option of the parties; and <br />(e) 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 />1. PayraerH 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 othercharges 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. Warms" of TMM. Trustor is lawfully seized and possessed of good and indefeasible title and estate to the Property hereby conveyed and has <br />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 <br />will warrant and defwW the title to the Property against all claims and demands. <br />3. A/aM11er1aN01 and Comiellanee 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 if this Deed of Trust Is on a leasehold. No improve- <br />ment, now or hereafter erected upon the Property shall be altered, removed or demolished without the prior written consent of Beneficiary. Trustor <br />shall comply with all laws, ordinances, regulations, covenants. conditions and restrictions affecting the Property and not commit, suffer, or per - <br />mH any act to be done In or upon the Property in violation of any law, ordinance, regulation, covenant, condition or restriction. Truslor shall com- <br />plete or restofe 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 furnished therefore and for any alterations thereof. <br />4. leeerarloe. Trustor, at Its expense, will maintain with insurers approved by Beneficiary, Insurance with respect to the improvements and per. <br />sonel property, constituting the Property, against loss by fire, lightning, tornado, and other perils and hazards covered by standard exlended <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 hazards 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 request for the protection by Insurance of the <br />inter"Is of the respective parties, An insurance policies maintained pursuant to this Deed of Trust shall name Trustor and Beneficiary as in- <br />aurede, 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 />dale. Trust** or Beneficiary may procure such Insurance In accordance with the provisions of paragraph 7 hereof. Truslor shall deliver to <br />Beriallcisry the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish <br />such Insurance by Trustor, of renewals as required hereunder shall, at the option of Beneficiary, constitute a default. <br />S. Tan", AeaNshlenle, and Charges. Truslor shall pay all taxes, assessments and other charges, Including, without limitation, fines and im- <br />position$ attributable to the Property, and leasehold payments or ground rents, 11 any, before the same become dsliquent. Trustor shall promptly <br />furnish to Beneficiary all notices of amounts due under this paragraph, and in file event Trustor shall make payment directly, Trustor shall prompt <br />ly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's Interest herein or upon this Dead of Trust without regard to any law that may be enacted imposing payment of the whole or any <br />W thereof upon IM Beneficiary. <br />t` <br />