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DEED OF TRUST 86 —. 104862 <br />THIS DEED OF TRUST, made this__ 22nd dayof AUSt1st 19 86. ,byandamong Trent A. Kleier, a Ritior <br />and Howard H. KleiUbseNAVA4address is (Street) (City) Doniphan <br />(State and zip) __ Nebraska _ (herein "Trustor "); and _ BAnk of Doniphan - whose <br />mailing address Is (Street) IIA -120 plum St_ (City) Doniphan (State and Zip) NV 6$$32 <br />(Herein "Trustee "); and Bank of Doniphan whose mailing address is(Strast) 118-12A P1nm St <br />. (City) Doniphan (State and Zip) Nebraska 68832 .(herein "Beneficiary"), <br />FOR VALUABLE CONSIDERATION, including the indebtedness identified herein and the trust herein created, the receipt of which Is hereby <br />acknowledged, Trustor Irrevocably grants, transfers, conveys, and assigns to Trustee. INTRUST, WITH POWER OF SALE, for the benefit and secur <br />try of Beneficiary, under and subject to the terms and conditions of this Deed of Trust, the real property described as follows:.- - - - - <br />Lot Three (3) in Block Two (2) in the Original Town of Doniphan, Hall County, <br />Nebraska, excepting the South Forty Two Feet (S 42') thereof <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 hereafter existing or entered into. and all right. title and interest of Trustor thereunder: alt interests, estate or <br />- - Other claims, both in law and in equity, which Trustor now has or may nereafter acquire in the real property: all easements, rights -of -way, terse -, - - <br />merns, hereditaments and appurtenances thereof and thereto; all oil and gas rights and profits, water rights and water stock; aft 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 />,.referred to as "Improvement' or Improvements "); and any and all awards made for the taking by eminent domain. or by any proceeding or our - <br />- chase in lieu thereof, of the whole or any part of the real property. <br />Ail of the foregoing estate, property and interest hereby conveyed to Trustee herein collectively referred to as the "Property"- <br />THIS DEED OF TRUST SHALL SECURE' <br />ta) The payment of indebtedness evidenced by.Trustor -s note of even date herewith in the principle sum of _E =ght - Thousand Eight Rui.d:�:d <br />and no/loo <br />Dollars (S_.__._B, 800.00 _.__ ), 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 set forth therein, reference to which is hereby made, the final pa ment of orincipal and interest. if not sooner paid and if no <br />f - <br />renewals, modifications or extensions are made. due and payable on -Ay t 22, 1992 <br />-lb) The performance of each agreement and covenant of Trustor herein . -contained; and - - <br />- fc) The payment of any sum or sums of money with interest thereon which may be hereafter paid or advanced under the terms of this Heed 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 patties: and <br />(e) The performance of an obligation of any other person named in this Trust Deed to a tbeneficiary. <br />_ TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: <br />I - Paymsr:2 of Principal and interest. Trustor shalt promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />Note, and all other charges and fees as provided in the Note, and the pnrcipai of and interest on any Future Advances secured by this Deed of Trust <br />- _ 2. Warranty of Title. 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. Maintenance and Compilence with Laws. Trustor anal) keep the Property in good condition and repair and shall not commit waste or permit - <br />impairment or deterioration of the Property and snail comply with the provisions of any lease if this Deed of Trust is on a leasehold. No improve - <br />ment. now or hereafter erected upon the Property snail be altered, removed of demolished wnrrout the prior written consent of Beneficiary, Trustor <br />shall comply with all laws, ordinances, regulations, covenants. conditions and restrictions affecting the Property and Rat commit, suffer. Or, per- - <br />mit any act to be done in or upon the Property in violation of any law, ordinance, regulation, covenant, condition or restriction. Trustor shall com- <br />Plete or restore promptly and in good workmanlike manner any improvement on the Property which may be damaged or destroyed and pay, when <br />due, all claims for labor performed and materials furnished therefore and for any alterations thereof. <br />- <br />A. lneurance. Trustat, at its expense, will maintain with msurors approved by Beneficiary, insurance with respect to the Improvements and per- <br />. - sonal property, constituting the Property, against loss by tire, lightning. tornado. and other perils and hazards covered by standard extended <br />coverage andorsement, 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 requirements 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 Deed of Trust shall name Trustor and Beneficiary as in- <br />_. - sureds, as their respective interests may appear. and provide that there shall be no cancellation or modification without any less than 15 days <br />Prior written notification to Trustee and Beneficiary. In the event any policy hereunder is not renewed On or betote 15 days prior to its expiration <br />date, Trustee or Beneficiary may procure such insurance in accordance with the provisions of paragraph 7 hereof. Trustor snail deliver to <br />Beneficiary the original policies of insurance and renewals thereof or memo COG +es of such policies and renewals thereof. Failure to furnish <br />such insurance by Trustor, or renewals as required hereunder shall, at the option of Baneficiary. constitute a default- <br />5 Tawas. Assaasmants, end Charges. Trustor snail pay sit taxes. assessments and outer charges, including, without limitation, fines and im" <br />positions attributabie to the Property, and lessehold payments or ground rents, if any, before the same become detiquent Trustor shall promptly <br />- +umisn to Beneficiary ail notice$ dismounts due underthis:paragraph, and in the event Trustor st'sir make payment directly. Truslar shall prompt <br />vf =�+sn €73 Rorm crary receipts evidencing attuh payments Truster shalt pay ail taxes and assessments which may be levied upon <br />Beneficlary's interest herein or upon this Deed of Trust without regard Wary law that maybe enacted imposing payment of the whoia or any <br />Pan thereof upon the Beneficiary , <br />