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86-- 105027
<br />: THIS DEED OF TRUST, made this 2nd day of September 19_A6 , by and among Eugene. A. - Schmitz and _ -
<br />Brace E. Schai:tz, Husband and Wife,
<br />whose mailing, address is (Stroat) 1133 Circle L. (City) Hastings,
<br />,{State and Zip) Nebraska 68901 (herein "'Trustor"); and Rank Graf Donj,phan wtwse
<br />mailing address Is (street) 118-120 Flan St __ (City) Doninhan (State and Zip# NE 5$832
<br />(Herein "Trustee'); and Baak of Donipitaxt whose matting address isMrsag 118 -120 Plum St
<br />_ (City) Doniphan (StateandZiM NF 68832 (heretn"Berseficfary'T.
<br />FOR VALUABLE CONSIDERATION. including the indebtedness identified herein and the trust herein created, receipt of which is hereby
<br />oirnttwiedged. Trustor irrevocably grants, transfers. conveys. and assigns to Trustee, IN TRUST. WITH POWER OF SAFE for theberiefff and sets- -
<br />,_ ity of Beneficiary, under and subject td the terms aril conditions of this Dead of trust, the real .property described as%t3ows.,
<br />The West Sixty Eight (68) Feet of the East One Hundred and Fift-4 Eight (158)
<br />of Lot Ten (10) County Subdivison of the (tillage of Doniphau, Hail County,
<br />State of Nebraska of Section Five (S), Range Nine (9) West and Timinship
<br />Nine (9) North.
<br />TOGETHER WITH, all cents, profits, toyatties. inccam and other berrefris denved front; the real property, alI teases or suote ases coverms Ilan Teat
<br />property or any portion thereof. now or hereafter existing or entered into. and all right, title and interest of Tnrstor thereunder, as mterests,- estate Or
<br />other ciatms, both in taw and in equity, which Trustor now has or may hereafter acquire in the real propene, nit easements, rfghts-of -way, tone- .
<br />merits, hereditaments and appurtenances thereof and thereto: all oil and gas rights and profits. water rights and water stoat aft r4M tftfe and - -
<br />interest of Trustor, now owned or hereafter acquired. In and to any faro: lying within the right -of -way of any street highway all inlrtg the neat
<br />Properly, any and all buildings, `fixtures, improvemerzs_ a.td appunenarrces now or hereafter erected therm,= or belonging thereto. #t neln
<br />f referred to as "improvement" or Improvements'), and any and ail awards made for the taking by amment bomain, or by any proceeding or pur--
<br />,'chase in lieu thereof. of the whole or any pan of the real property. - - - - -
<br />Ali of the foregoing est ate. property and interest hereby canveyed to Trustee herein collectively retorted to as the"Properi . THIS DEED OF TRUST SHALL SECURE:
<br />i(a) The payment of indebtedness evidenced by Trustor's note of ever! date herewith in the principle sum of Fif teen ''.bQu-sand and Ictt 130[3
<br />Doltats is 15,000-1210 _ - _ .. together w tti mterest at the rare or rates provided thereat. (rierem, together w th .any and alt .
<br />renewals, modifications. and extensions thereof. referred to as the -Note', both principal and interest on the Note being payable m accordance
<br />with the terms set forth therein, reference to which is hereby made, the final payment of pfinctoai and interest. if not sooner paid and -it no
<br />ranewafs, modifications or extensions are made, due arxt payabte on September ?- 19 8.
<br />(bi The performance of each agreement and covenant of Trumor herein contaollted: and - - - - -
<br />5 - -tc) The pa", rif of any sum or sums of money wit" interest t+ereon which may be nereaffet pain; or, advanced under live forms of tnis -Dean of _.
<br />- :Trust -
<br />(d) The payment of any future advances necessary to protect the ssounty or any future advance made at the option of the parties: ant; - -
<br />is) Tie performance of an obligation of any olitar person named in this Trust Deed to a beneficiary.
<br />TO PROTECT ; HE SECUA tY OF TH iS DEED OF Ti3t3ST. TRUSTOR HEREBY COVENANTS AND A.t;REEIS AS FOLLOWS:
<br />t . Payment of Principal and Interest. Tr awo r shah prorrtpt'fy pay ~-due L'ui principat of and interest on themobbileariessovidencedbyri
<br />. Notai and all other charges and tees as prowdsc in the Note. and the prmcirpat of and interest on any Future Advances secured by this Dead of Trust- -
<br />2. Wanenty of Tills. Tractor is lawtuliy seed &to posseSSed of good and indefeasible title and estate In the Property hereby mr'iveyed and tas
<br />.. the right to grant and convey the Property; the Property is tree an d clear of all liens ant encumbrances except liens now .of record: and Truster
<br />will warrant and *stand tits t itie to the Property agarrist aft claims ano demands. _ - -
<br />34 Mae Inge a and Gampdiaaea with Lama. Truster shat` keep the Property in good condition and revair :arid shelf sort conund waste or permit
<br />- impairment or deter +oration of the Property and shall comply with the provisions of any tease if this Dent of Trust is or aieasehoid. No imprave-
<br />rnent, now or hereafter erected upon the Property snail be aft-raid, removed or demolished without the fMip° written consent of ciary. `roster.
<br />-snail comply wilt, ati taws, ordinances. regulations. coseftants, conditions and restrictions affecting bite Property and not commit. sufter, or per.
<br />- mit any act to be done in or upon the Properly ,i ? vtoiatron of any law. ordinance,_ regulation, covenant. '�7, portion or restricuDri.. Tnusi or seta #1 com-
<br />Plate or restore promptly and in good wortrtnartiike manner any improvement on tte-Property whictr may be damaged or destroyed aria pay, when
<br />due. alt claims tar iaiadr perforated and materials fu>r+igtted therefore and for any aiterations thereof..
<br />e. Insurance. T'rusior, at r, s expense, will ma€m nin wren insurors approved by Beneficiary. insurance with re soect to tttB (suer vemer;s and per-
<br />sonas property- constlt uting tree Property. against loss by fire, lighhtnirtg_ tornado, and other vents and nazards covered by startdard extended
<br />-- - ,coverage enoorsement, in an amount equal to at least one Hundred veriest of the full replacement value thermal arid._rtsurance against such
<br />. other truards and in sutra amounts as is customarily carr -wo by owners and operators of similar properties or as Beneticuirry tray require for its
<br />protection. Trustot will comply with such otner requirements as Beneficiary may frotn lime to time ,request for the protection by insurance of the
<br />Interests of the respective parties.. Ail insurance policies maintaifted pursuant to this Deed of Trust -sli nine Tfustor and Beneficiary as i 1,
<br />sureds, as trial., respective Interests may appear. and provide that Uwe shall be no cancellation c+r modification Without any less than tS days
<br />prior written, notification Jo Trustee and Beneficiary, in the event any'poiacy item 4 not renewed on or before 15 days prior M its expiration
<br />Gale- Trustee or Beneficiary may procure surot insurance In accordance with the provisions of paragraph 7 hatoof- Tripuw snail oaviioq to _
<br />-_ - -- - "Beneficiary -the originai policies of insurar+ca and xenewafs thereot or menioo- copies of such policies and renewals thavedi Failure to 'urnrah
<br />such insurance by 7rustor., or renewals as required hereunder stall, at the option; at Boneticiary, constitute a default. -
<br />& Texas, AssessmNits, and Chargei Trustot snail pay all taxes, assessments and other charges, andludrrig; w1thou'Llittif arroft, ,tries WIG *cr
<br />posmtta s, attnbulabie to the Property. and teasatiokt payments or ground tents. if any. before the same become deniquent Trustpt srca7i prorriptiv
<br />lurntat; Ic Berefietary Sit rrolices, of &mount* due under ms paragraph, and ire trio event Trustot snail malte payment directly, Trusty shah prompt.
<br />ty furnis , to Beneficiary rompts svidancrhg sti^?t payments. Truster Shari pay ail taus and assessments w"iC" mart be levied upon
<br />aanetiarary a interest tweir, Of upon this Deed of Trust wrtho ult regard to any taw that maybe enacted ihrposing payment of In a: ar ant
<br />#tart trereof upon the "naticiary.
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