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<br />v�,�;D O�' TRUSx
<br />THTS DE&D OF TRUST, is znade as of the ��ay of January, 2011, by and among, Rick S. Johnson
<br />and Patricia Ann Jolu�son, husbaud and wife, ("Trustnr"), wl�ose mailzn� address is 619 S. 'I'ilden, Grand Island, NE
<br />68803; Gary D. Byrne, a member of the Nebraska State BarAssociation ("Trustee"), whose mailing address is P.O. Box
<br />929, North Platte, N:E 69103-929; and Rudolf F. Plate and 7eannice R. Plate, husba�d and wife, ("Benef ciary"), whose
<br />mailing address is 2209 �. Stolley Park Road, Grand Tsland, NE 68$O1.
<br />FOR V ALUABL� CONSTDERATTON,'I'rustor irt t�ansfers, conveys and assigns to Trustce,
<br />1N TRUST, VVITH �'OW�R O�' $ALE, £or the benefit and security ofBeneficiary, under and subject to the terms and
<br />conditions o�tkus Deed of Trust, the refll property located in che Counry of Hall, State of Nebraska, and legally descrihed
<br />as fallows (the "Properiy"):
<br />See attached E�ibit "A".
<br />TOGET'H�R W�TH, all rents, easements, appurCenances, hereditaments, interests in a�j oi.uing :roads,
<br />streets and alleys, improvements and bnildings of auy lcind situated thereon azzd all personal properCy;tbat may be or
<br />hereafter becomc an integral paxt of such buildings and improvements, all crnps raised thcreon, and all! water rights.
<br />The Property and the entire estate and interest conveyed to the Trustee are referred to� callectively as
<br />the "Trust Estat�". '
<br />FOR THE PURPOSE OF SECURrNG: �
<br />a. Pa}nnent of indebtedncss in the total principal arnount of $225,p0�.00, with inte:rest therean, as
<br />evideuced by that certaiu prdmissory note of even date (the "Note") with a maturiry date o£7uly 1, 2021, executed by
<br />Trustor, which has been delivered and is payable to the order o�Benefiaiary, and which by this reference �is hereby made
<br />a part hereaf, and �iy and all modifications, exCensions and renewals thereaf, and '
<br />b. Payment of all sums advanced by Beneficiary to protect the Trust Estate, with interest thereon at
<br />tlae rate of 4.5% per annum, and '
<br />e. T'he performance of Trust�r's covenants and agreetnents.
<br />This Deed ofTrusC, tlie Nnte, and any other instruzuent given to evidence or futther sccure the payu�ent
<br />and perfarmancc of any obligation seaured hereby are refenred to collectively as the "L.aan Instruments".
<br />TO PROTECT THE SECURI"I'Y OF THIS I�EED OF T'RUS'I':
<br />1. PAYMENT OF TNDEBTEDNE55. Trustor shall pay when due the principal of, and the
<br />interest on, the indebtedness evidenced by the Note, charges, fees and all other sums as provided in the T.oan Instruments.
<br />2. TAXES ANT7 ASSESSMEN'�'S. Trustor shall pay all taxes and special assessments ofevery
<br />kind, now or hereafter levied against the 'Cz'ust Estate or any part tlterenf d'u•ectly without notice or demand as each
<br />inst�llment comes due and shall provide the Beneficiary wiCh evidence af the payment of the same. ,
<br />3. 1NSURANCE AN17 REPAIRS. Trustvr slaall maintain fire and extended coverage insurauce
<br />insur�ng the improvements and buildings constituting part of the Trust Estate for an amount no less tha� t�e amount of
<br />the unpaid principal balance of the Note (co-insurance not exceeding 80°/a pennitted). Such insuran'ce policy shall
<br />contain a standard mortgage clausa iui favor of Bensficiary and shall not be cancelable, termu�.able or modi�able without
<br />ten (10) days prior written nptice to Beneficiary. 'S'rustor shall f1u'nish Beneficiary a certiFicate of insurance coverage
<br />at�Beneficiary's request, with a provision in such certi�cate that the insurear shall provide Heneficiary' ten (]0) days
<br />advance notice of any cancellation of the palicy at any time for any reason, or of expixaCion of policy v'vithout renewal
<br />tb.ereof. Trustor shall promptly repair, maintain, and replace the Trust Estate or any part thereof'sa thak, except far
<br />otdinary wear and tear, the Trust Estate shall not deteriorate. In no event shall tlia Trustor commiC waste on or to the
<br />Trust Estata.
<br />4. ENVIltpNMENTALCONIPT,TANCE. T�
<br />environmental laws, ordinauces, rules, requireznents, regulations, and publications as now existing or hereafter existing,
<br />amended, supplemented, or supplanted relating to the preservaCion of the euvi.rronment or the regulation qr control of
<br />tvxic ar hazardous substances ar materials. Tzustor hereby warxants and represents to Beneficiary that no toxic or
<br />hazardous substances or materials shall be placed on or under the property subsequent to tb,e date of this Deed of Trust.
<br />Trustor does hereby indeznuify and hold Beneficiary harniless and any successors to Beneficiaty's in#erest fi•on� and
<br />against any and all claiins, daznages, losses, and liabilitias arising in cpx�taection with tJae presence, use, disposal, or
<br />transport of any substance which is t11e subject of any environmental law, regulation, or cantrol of toxic or hazardvus
<br />substances or materials oxx, under, fro�n, or about the Property; subsequent to th,e date of tbais Deed'; of 'S'xust. This
<br />indemnity shall survave reconveyance of the Property secured by ttus Trust Deed.
<br />5. ACTTONS AF'F�C'I'ING TRUST ESTATE. Trustor shali appear in and contest auy action
<br />or� proceeding purporting to affect the security hereof or the rights or powers of �ene�iciary or Trustee, and shall pay all
<br />cosCs and expenses, including cost of evidence of title and attomey's fees, ui any such actioa ar proce�ding in which
<br />B�neficiary or 'I'rustee inay appear. 5hould TrusCar fail to make any paym,ent or tp do any act as an� iu Che manner
<br />prpvided in any pf the r.oan Instruments, T3eneficiary and/or'I'rustee, in its own discretion, without obligaCion so tp do
<br />and without notice tn or demand upon Trustor and witliout reteasing Trustax from any obligation, may makc or do the
<br />saine in such :manner and to Such extent as either may deem necessary to protect th� security hereof ; Trustor shall,
<br />iinmed'zately upon demand thercfor by $cneficiary, pay all casts and axpenses incunred by Beneficiary in connection with
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