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<br />TRUST DEED ,;{(),.s-O
<br />
<br />THIS DEED OF TRUST is made on December .....d.l."_. 2008. The Trustors are Gregory
<br />R. Gannon and Sherryl J. Gannon, husband and wife, (collectively "Borrower"). The Trustee is
<br />Denise D. Myers, of Myers & Daugherty Law Office, 611 N. Diers Ave., Suite 1, Grand Island,
<br />Nebraska 68803, ("Trustee"). The beneficiaries are Merlin Rathman and Maxine Rathman as
<br />Trustees of the Rathman Family Trust, 11555 W. Guenther Rd., Wood River, NE 68883,
<br />("Lender"). Borrower owes Lender the principal sum of Two Hundred Thousand and 00/100
<br />Dollars ($200,000.00). This debt is evidenced by Borrower's note dated the same date as this
<br />Security Instrument ("Note"), which provides for payment of accrued interest in annual payments.
<br />The Deed of Trust (sometimes referred to herein as "security instrument") secures to Lender: (a)
<br />the repayment of the debt evidenced by the Note, and all renewals, extensions and modifications;
<br />(b) the payment of all other sums advanced under paragraph 4 to protect the security of this
<br />Security Instrument; and (c) the performance of Borrower's covenants and agreements. For this
<br />purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
<br />following described property located in Hall County, Nebraska:
<br />
<br />A tract of land comprising a part of Lot Four (4) in the Southwest Quarter of the
<br />Southwest Quarter (SW1/4SW1/4) of Section Thirty Three (33), Township Ten (10)
<br />North, Range Eleven (11), West of the 6th P.M., in Hall County, Nebraska, more
<br />particularly described as follows:
<br />
<br />Beginning at a point on the West line of said Section Thirty Three (33), said point
<br />being Two Hundred Ten (210.0) feet North of the Southwest corner of said Section
<br />Thirty Three (33); thence Northerly along the West line of said Section Thirty Three
<br />(33), a distance of Two Hundred Twelve (212.0) feet; thence deflecting right 84020'
<br />and running Northeasterly, a distance of One Hundred Seventy Seven and Seven
<br />Tenths (177.7) feet; thence deflecting right 86054' and running Southeasterly, a
<br />distance of Two Hundred Twelve (212.0) feet; thence deflecting right 93019'30" and
<br />running Southwesterly, a distance of Two Hundred Ten (210.0) feet to the place
<br />of beginning.
<br />
<br />TOGETHER WITH all the improvements now or hereafter erected on the property, and all
<br />easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water
<br />rights and stock and all fixtures now or hereafter a part of the property. All replacements and
<br />additions shall also be covered by this Security Instrument. All of the foregoing is referred to in
<br />this Security Instrument as the "Property".
<br />
<br />BORROWERS COVENANT that Borrowers are lawfully seised of the estate hereby
<br />conveyed and have the right to grant and convey the Property and that the Property is
<br />unencumbered. Borrowers warrant and will defend generally the title to the Property against all
<br />claims and demands, subject to any encumbrances of record.
<br />
<br />COVENANTS. Borrowers and Lender covenant and agree as follows:
<br />
<br />1. Payment of Principal; Prepayment and Late Charges. Borrowers shall promptly pay
<br />when due the accrued interest on the debt evidenced by the Note and any prepayment and late
<br />charges due under the Note. Prepayment of principal or any part thereof, shall be allowed without
<br />the prior written consent of Lender.
<br />
<br />2. Charges; Liens. Borrowers shall pay all real estate taxes and assessments attributable
<br />to the Property which may attain priority over this Security Instrument, and leasehold payments
<br />or ground rents, if any.
<br />
<br />Borrowers shall promptly discharge any lien which has priority over this Security
<br />Instrument unless Borrowers: (a) agree in writing to the payment of the obligation secured by the
<br />lien in a manner acceptable to Lenders; (b) contest in good faith the lien by, or defend against
<br />enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
<br />enforcement of the lien or forfeiture of any part of the Property; or (c) secure from the holder of
<br />the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
<br />LE::nder de.termines that any part of the Property is subject to a lien which may attain priority over
<br />thiS Security Instrument, Lender may give Borrowers a notice identifying the lien. Borrowers shall
<br />sat~sfy the lien or take one or more of the actions set forth above within 10 days of the giving of
<br />notice.
<br />
<br />3. Hazard Insurance. If required by Lender, Borrowers shall keep any improvements now
<br />
<br />1
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