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TRUSTOR'S WRITTEN ACKNOWLEDGMENT 86--e 005204 <br />Carolyn I. Haller (also known as Carolyn Haller), husband and wife, <br />The undersigned, Donald F Haller and hereby certify and acknowledge that, before signing and <br />executing the below Dee o Trust, y read and sign this Written Acknowledgment and, by virtue hereof, +he <br />undersigned understand, and understood before signing said Deed of Trust, that said Deed of Trust is a Trust Deed <br />and not a mortgage and that the power of sale provided in said Deed of Trust provides substantially different <br />I rights and obligations to the undersigned than a mortgage In the event of a default or breach of obllgatlon under <br />the said Trust Deed, including, but not limited to, the Beneficiary's right to have the Real Property sold by the <br />Trustee without any judicial proceeding or foreclosure. The undersigned represent and werrant that this Written <br />Acknowledgment was executed by them before the execution of the Trust Deed. This Written Acknowledgment is <br />as a preface to and made a part of the below Deed of Trust. <br />i r <br />Donald F. Haller , TRUSTOR Carolyn 1. Haller , TRUSTOR <br />TRUSTOR <br />NEBRASKA DEED OF TRUST <br />THi5 DEED OF TRUST, made this 1 ?` day of L/" 7-& z3 A.D. <br />between Donald F Haller and Carolyn Faller (also known as rolyn Ha <br />C',±J <br />TRUSTOR <br />by and <br />County, Nebraska, <br />hereinafter called "Trustee", and The Equitable Life Assurance Society of theU -St -a New York <br />Corporation, having its principal office and post office address at 1285 Avenue of the Americas <br />New York, New York 10019 <br />hereinafter tailed "Beneficiary "; <br />WITNESSETH, That the Trustor, for good and valuable consideration, Including the debt and trust hereinafter <br />mentioned and created, and the sum of one dollar to him paid by the said Trustee, the receipt and sufficiency of <br />which is hereby acknowledged, does by these presents, irrevocably grant, bargain and sell, convey, assign and <br />confirm unto the said Trustee, IN TRUST, WITH POWER OF SALE, for the benefit and security of Beneficiary, under <br />and subject to the terms and condition of this Deed of Trust, the following described real property situated <br />In Hall .: Buffalo County, Nebraska, to -wit: <br />The Southwest Quarter (SW-) of Section Eighteen (18), Township Eleven (11) North, Range Twelve <br />(12) West of the 6th P.M., Hail County, Nebraska, and <br />The West Half of the Northeast Quarter (WNE-1) of Section Twenty -eight (28) and the West Half <br />of the Northwest Quarter (WzNWL) of Section Twenty -one (21), all in Township Eleven (11) North, <br />Range Thirteen (13) West of the 6th P.M., Buffalo County, Nebraska, <br />containing 311_23 acres, more or less. <br />TOGETIER with and including all and signular the tenements, hereditaments, appurtenances and privileges <br />thereunto belonging or in anywise apperteinIng, whether no. or hereafter acquired. which shall include, without <br />limiting the generality of the foregoing, the following: <br />All of the rents, issues and profits, including all rents, royalties, bonuses and benefits under any <br />existing or future oil, gas or mineral or other leases; all easements and rights of way; all rights of <br />homestead and homestead exemption and any surviving spouse's marital or dlstributive share, and all <br />other contingent rights in and to said premises; all water, water rights, whether riparian, <br />appropriative or otherwise and whether or not appurtenant, all ditch rights, and any shares of stock <br />evidencing any such water or ditch right; and <br />All fixtures, improvements, buildings, and the plumbing, heating, ventilating and lighting systems and <br />equipment thereln; all barn equipment; and ail pumps, pumping stations, motors, engines, machinery, <br />reservoirs, pipes, flumes, fences, and other machinery or equipment, except tractors, used for the <br />production of water or -mid premises or for the Irrigation or drainage thereof, all of which shall be <br />construed and consider•eu as affixed to and part of the real estate. <br />All of the foregoing estate, property and interest hereby conveyed to the said Trustee is hereinafter <br />collectively referred to as the "Property ". <br />TO HAVE AND TO HOLD the same unto the said Trustee, his successors and assigns, forever, IN TRUST HOWEVER and <br />WITH POWER OF SALE hereby expressly granted unto the said Trustee, his successors, and assigns for the purpose of <br />securing: <br />(a) The payment of Trustor's just indebtedness to Beneficiary In the principal sun <br />ofpwy�y]Q �d F�iftY ThotlBaTtd__6xo�l @@llars IS 250.000.00 I for money borrowed, with interest <br />tham'eOfl, a es ev r Y an n s r ct accordance w erns of -iT�et certain promissory note, hereinafter <br />called the "Note ", bearing even date herewith made payable to the order of Beneficiary, executed by �ollld i_ <br />, and providing for the pa- 4,0 of —seta <br />me es <br />of which s due and 0ayaple januarV 1 . 1.989 , subject to <br />acceleration of maturity on default In the payment of any ins a fnen o pr nc pa or nTTeesi or In +he <br />performance of any covenant, agreement or warranty contained In this Deed of Trust; <br />(b) The performance of each agreement, covenant and warranty of Trustor herein contalned or set torch In +he <br />1 dote or any agreement or Instrument executed by Trustor In connection with +he Indebtedness hereby secured; and <br />1 (c) The payment of any sum or sums of money with Interest +hereon whlrh may be hereafter paid or advanced <br />L••� ,ader the terms of this Deed of Trust. <br />Wm, THL14LFCfFfE:, TO PROTECT THE SECURITY Of TW5 DEED !N TRUST, Trustor does for hlmself and for Trustor <br />heirs, representatives, vendee&, succobUX % and assigns, the owners of said Property, herehy expressly r vormnf, <br />agree sod warrant to and with +no Trustee and lWneflclary, and their successors, vendee% and assigns: <br />FIR T: !mat the Srustor hereby crvanants and agr. r, 'cllw f, +,:, r n �r <br />aav _grc,mptby wnwn 'furl the principal and inforeat and, nfher Sums �.f rnor. r ;:r, `t < ': .r •her p< n net n -I'i,; <br />t ..d 1 T' t,i tt, p[aTp.t ly pay befcNe !1911nq�.,ra r,.y ail fa.e ^e f; 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