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L <br />86-- 146172 <br />ono oFT,wsT <br />THI'DEEDOFTRUST,madetMs 72nd dayof 0- -raher It—BA by and among K x M Nn11jg Prr Tnr_- <br />a Nebraska Corporatiophom mailing address is (Street) ltte #1 BOX 20C (City) Doniphan <br />plebe std zip) Nebraska 68832 (Herein °Trustor"Y and Bank cf Doniphan whose <br />ilas . address is (Stnstl 120 Plum St. (City) Doniphan (Stste and Zip) Nebraska 68832 <br />04"n"TnWoo"t and Bank of Doniphan whose mailing address is (Street) <br />120 Plum St. (,;,((y) Doniphan (State and Zip) Nebraska 68832 (herein "Baneliciary'). <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, IN TRUST, WITH POWER OF SALE, for the benefit and secur- <br />Ityof Bens(iclory, under and subject to the terms and conditions of this Deed of Trust, the real property described as follows: <br />(See Legal AT cached ) <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, all interests. estate Or <br />other claims, botn in law and In equity, which Trustor now has or may hereafter acquire in the real property; all easements, rights -of -way, tene- <br />ments, heraditaments and appurtenances thereot and 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 right -of -way of any sheet 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 pur- <br />chase In lieu thereof, of the whole or any part of the real property. <br />All 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 />(a) The payment of indebtedness evidenced by TfU510r'S note of even date herewith in the principle sum of One Hundred Twenty I ousand <br />ry /100 ;120,000.00 I, together with interest at the rate or rates provided therein, (herein, together with any and all <br />renewals, Ie modifications, and extensions thereof, referred to as the "Note') both principal and interest on the Note being payable to accordance <br />with the terms set forth therein, reference to which is hereby made, the final payment of principal and : nterest, it not sooner paid and if no <br />renewals, modifications or extensions are made, due and payable on January 31. 1993. <br />(b) The performance of each agreement and covenant of Trustor herein contained; and <br />(c) The payment of any sum or sums of money with interest (hereon which may be hereafter paid or advanced under the terms of this Deed 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 parties: and <br />(e) The performance of an obligation of any other person named in this Trust Deed to a beneficiary- <br />TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR HEREBY COVENANTS AND AGREES AS FOLLOWS: <br />1. PayeiMk of PrkW*ol and Interest Trustor shall promptly pay when due the principal of and interest on the indebtedness evidenced by the <br />Note, and roil other charges and fees as provided in the Note. and the principal of and interest on any Future Advances secured by this Deed of Trust <br />2 warranty of TNW 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 claw 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. Makdone tee and Com liKenca whh Laws. Trustor shall keep the Property in good condition and repair and shall not commit waste or permit <br />impairment or deterioration of the Property and shall 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 shall be altered, removed or demolished without the prior written consent of Beneficiary. Trustor <br />shall comply with all laws. ordinances, regulations, covenants, conditions and restrictions affecting the Property and not commit, suffer, or per - <br />mtt 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 of 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 />4.h toureace. Trustor, at its expense, will maintain with insurors approved by Beneficiary, insurance with respect to the Improvements and per - <br />scnal property, constituting the Property, against loss by fire, 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 before 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 shall deliver to <br />Beneficiary the original policies of insurance and renewals thereof or memo copies of such policies and renewals thereof. Failure to furnish <br />such Insurance by Trustor, or renewals as required hereunder shall, at the option of Beneficiary. constitute a default. <br />5. Taxes, Assessments, and Charges. Trustor shall pay all taxes, assessments and other charges. including, without limitation, fines and im- <br />positions attributable to the Property, and leasehold payments or ground rents, it any, before the same become deliquent. Trustor shall promptly <br />furnish 10 Beneficiary all notices of amounts due under this paragraph, and in the event Trustor shall make payment directly, Trustor shall prompt - <br />ly furnish to Beneficiary receipts evidencing such payments. Trustor shall pay all taxes and assessments which may be levied upon <br />Beneficiary's interest herein or upon this Deed of Trust without regard to any law that may be enacted imposing payment of the whole or any <br />part thereof upon the Beneficiary. <br />