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<br /> DEED OF TRUST
<br />35.so
<br />THIS DEED OF TRUST is made and entered into this ~ day of
<br />ts' , 2010, by and among JOHN T. DAVIS and KAREN E. DAVIS, Husband
<br />and Wife, whose address is 47245 235t"` Road;l~av~r~'ria; NE 6869; herein referred to as
<br />the "Trustor", and BARRY L. HEMMERLING, Attorney at Law, whose mailing address is
<br />5640 S. 84t" St., Ste. 100, Lincoln, NE 68516, herein referred to as the "Trustee", and
<br />FRANCES T. DAVIS, TRUSTEE, whose mailing address is 1406 Dodd Street, Woad River,
<br />NE 68883, referred to as the "Beneficiary".
<br />FOR VALUABLE CONSIDERATION, Trustor irrevocably grants, transfers, conveys
<br />and assigns to Trustee, INTRUST, WITH POWER OF SALE, for the benefit and security
<br />of the Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the
<br />real property more parkicularly described as:
<br />The Westerly 314 feet of the Northerly 661 feet of the Northwest Quarter of
<br />the Northwest Quarter (NW'/4 NW'/a) of Section Twenty-Two (22), Township
<br />Eleven (11) North, Range Eleven (11) West of the 6t" P.M., Hall County,
<br />Nebraska, consisting of 4.765 acres, more or less.
<br />TOGETHER WITH, all rents, profits, royalties, income and other benefits derived
<br />from said real property; all leases now or hereafter existing or entered into, and all right,
<br />title and interest of Trustor thereunder, all interests, estate or other claims, both in law and
<br />in equity, which Trustor now has or may hereafter acquire in said real property; all
<br />easements, rights-of-way, tenements, hereditaments and appurtenances thereof and
<br />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
<br />right-of-way of any street or highway adjoining the real property; any and all buildings,
<br />fixtures, improvements and appurtenances now or hereafter erected thereon or belonging
<br />thereto, herein referred to as "Improvement" or "Improvements"; and any and all awards
<br />made for the taking by eminent domain, or by any proceeding or purchase in lieu thereof,
<br />of the whole or any part of the real property, all of the foregoing estate, property and
<br />interest conveyed to Trustee herein collectively referred to as the "Property".
<br />FOR THE PURPOSE OF SECURING:
<br />Aug (a) The payment of indebtedness evidenced by a Promissory Note dated
<br />-~, 2010 in the principal sum of FIVE HUNDRED THOUSAND DOLLARS
<br />($500,000.00), together with interest at the rate or rates provided therein, or the principal
<br />and interest on any future advances evidenced by promissory notes stating they are
<br />secured hereby, herein referred to as the "Note" or "Notes", and any and all renewals,
<br />modifications.and ex~~0sion~ of such Nate, both principal and interest on the Note being
<br />payable in accordance with the terms set forth therein, reference to which is hereby made.
<br />(b) The performance of each agreement and covenant of Trustor herein
<br />contained; and,
<br />(c) The payment of any sum or sums of money with interest thereon which
<br />may be hereafter paid or advanced under the terms of this Deed of Trust.
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