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<br />DEED CF TRUST 85- 005007
<br />THIS DEED Of TRUST, made this i$— dey of Silliptember _, 19_&5_, by and among =. e n n e t .h i. a!70
<br />'wen H011 i gY.ar whose stalling address Is (Strseti X12, ^al ::O'.:"c 11 (Cst Do••' h2n
<br />Y) -- F
<br />(atafe and zip) Nebraska 6832 (Herein "Trustor'); and The Bank of Doni ohan whose
<br />waftv addressis(strew) P_Q- Box R (city) Doni -phan (State and zip) _'Jebraska 0 �2
<br />(Haniri'Trussmr, ; and The $ ank O f Donnie ha: --,whom mailing address is (Street)?, C • Box
<br />R {City) DOniphan (Staleanelzip) Nebraska 6 2,(herein "Beneficiary").
<br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the receipt of which is hereby
<br />ity oTnustor inwocaby grants, transfers, conveys, and assigns to Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and secur-
<br />f , under and subiect to the terms and conditions of this Deed of Trust, the real property described as follows:
<br />The Northeast - garter (NM' -.1) of Section Thirty—,-Our
<br />late! in Township "rule ( ?) ;: ort-h, Ra!- e Ten ,eest of
<br />the 6th P._.. in cull Co;:nty, Nebraska except the
<br />property conveyed to the County of Hall, State of
<br />Nebraska in deed recorded in. ?foot•, '? `, IaZe .1245.
<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 hmeatteir existing or entered into, and all right, title and interest of Truster thereunder; all interests, estate or
<br />other Claims, both in taw and In equity, which Trustor now has or may ftareafter acquire in the real property; all easements, rights -of -way, tons-
<br />"Write, MrsdftanteWs 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 street 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 />eta. to as " Ingxovement" or Improvements "); and any and ail awards made for the taking by eminent domain, or by any proceeding or pur-
<br />chase in Neu thereof, of the whole or any part of the real property.
<br />AN of the foregoing estate, property and interest hereby conveyed to Trustee herein collectively referred 10 as the "Progeny ".
<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 . 1.0 u' rB _'ho sa ^-a
<br />r ---),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 sat forth therein, reference 10 which is hereby made, the final payment of Sri �ipai and interest, if not sooner paid and if no
<br />renew", modifications or extensions are made, due and payable on J-2 eL - 4 ?')
<br />(D) 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 uncle% 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 />I 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, PayaleM of Principal and Htereet. Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the
<br />NOW ,kind JIM other charges and tees as provided in the Note, and the principal of and interest on any Future Advances secured by this Deed of Trust
<br />2 WarsMly of T1Ms. 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 defend the title to the Property against all claims and demands.
<br />3. Melnlsnaaooand Cea pillmos wilt Laws. Trustor shall keep the Properly 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 />MOM now Or hereafter erected upon the Property shall be altered, removed or demolished without the prior written consent of Beneficiary. Trustor
<br />shall comply mply with all Iowa, ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per-
<br />mil any W to be dot in or upon the Property in violation of any law, ordinance, regulation, covenant, condition or restriction. Trustor shall com-
<br />ptefa or restore promptly and in good workmanlike manner any improvement on the Property which may be damaged or destroyed and pay, when
<br />due, ale claims for labor performed and materials furnished therefore and for any alterations thereof.
<br />a. Itrattaaee. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the Improvements and per -
<br />sonat property, oonalituting the Property, against loss 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 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 isqulrements as Beneficiary may from time to time request for the protection by insurance of the
<br />interests of the respective parties. All insurance policies maintained pursuant to this Dead of Trust shall name Trustor and Beneficiary as in-
<br />wreds, ae their MWWIve interests may appear, and provide that there shall be no cancellation or modification without any leas than 15 days
<br />Prior written notification to Trust" and Beneficiary. In the event any policy hereunder is not renewed on or before 15 days prior to its expiration
<br />ftW Trust" or Beneficiary may procure such insurance In accordance with the provisions of paragraph 7 hereof. Trustor shall deliver to
<br />6ermeliNary 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. or renewals as required hereunder shall, at the option of Beneficiary, constitute a default.
<br />S. Taxes, ANemsessi , earl{ Charles. Trustor shall pay all taxes, assessments and other charges, including, without limitation, lines and im-
<br />P064MM aUributable to the Properiv, and lessehold payments or ground feats, if any, before the same become deliquent. Trustor shall promptly
<br />furnish to tlnaficiary all notic"of amounts clue under this paragraph, and in the event Trustor shall make payment directly. Trustor shall prompt
<br />ly furnish to 9enefio4ary rece+ple evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon
<br />fMeMflClery's interest herein or Mori this Deal of Trust without regard to any law that may be enacted imposing payment of the whole or any
<br />part thelsof upon the /arafi l iary.
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