|
at the tune of the cnaldng of this Tmst Deed u...;;,::i�i.„��:;eed shall have b:rn p^,' :i: i (5)To keep the buildings and othu unprovements now e�cisting or her- fter
<br /> erectedingoodcondition andrepair,nct ioc.,e.�..:itcr;;.::fer any waste or any use of said premises eoatrary to restrietions of record or contrary to iaw,
<br /> and to permit Beneficiary to enter at all�easonable ii,�,cs for the purpose cf inspecting the premises;not to remove or demolish any building thereon;to restore
<br /> prompdy and in a good and worlananlike mu;ner an;Luildings which may be.darnaged or destroyed thereon,and to pay,whcn due,all claims for labor performed and
<br /> materials furnished therefor;(6)That,if a signe�of the?comissory Note,he will pay,prompUy the indebtedness secured hereby,and perform all other obligadons in full
<br /> compliance with the terms of yaid Promissory�Iote and this Deed of Trust(7)That the time of payment of the indebtedness hereby secured,or of any portion thereof,
<br /> may be extended or renewed,and any portian::;f the;�cn�ises therein described may,without notice,be released fcom the lien h�reof,without releasing or affecting the
<br /> personal liability of any person or the priarii�,,:;his:�,:.�d of Trust(8)That he does hereby forever warrant and will forever ciefend the ade and possession thereof
<br /> against the lawful claims of any and all persor.s ,y ha�����er.
<br /> IT IS MUTUALLY AGREED THAT:
<br /> (1)Should Trustor fail to make any payment or do a�:;act as herein provided,or if any acaon or proceeding is commenced which materially affects Beneficiary's
<br /> interest in the Premises,then Beneficiary or T�ustee,bu t vrithout obligation w do so,and without noflce to or demand upon Tcustor,and without releasing Trustor from
<br /> any obligaaon hereunder,may make or do the same,and nuay pay,purchase,contest or compromise,any encumbrance,charge or lien,which in the judgment of either
<br /> � appears to affect said property;and in exercisi.�g any�. h powers,incur any liability and expend whatever amounts in the absolute discreGon of Beneficiary or Trustee
<br /> either may deem necessary therefor.All sums s�incun.,J�r expended by Beneficiary or Trustee shall be without demand immediately due and payable by Trustor,shall
<br /> � bear interest at the trighest rate permitted by law,and sh�ll be secured hereby.
<br /> � (2)Should the Premises or any part thereof be eakeu b;�,,;ason of any condemnaaon proceeding,Beneficiary shall be entided to all compensation,awazds and other
<br /> � payments therefor,and to apply the same on Q��inde.b�.:ciness secured hereby.
<br /> �.r (3)By accepting payment of any sum hereby s..c;ured.,�i er its due date,or after the filing of notice of defaal[and of electioa to sell,B�neficiary shall not waive its right
<br /> � to require prompt payment when due of all ott,r..r sums so secured,or t�declare default for failure to so pay,or to proceed with the�ale under any such no6ce of default
<br /> + and of elecUOn to sell,for any unpaid balance of said ind�t�edness.If B:neficiary holds any addidonal security for any obligation secured hereby,it may enforce the sale
<br /> � thereof at its opdon,either before,contempora�►eously wi�h,or after U e sale is made hereunder.
<br /> � (4)All Tmswrs shall be joinUy and severally liable fer r,;lilllment of their co�enants and agreemenu herein contained,and all provisions of this Deed of Trust shall inure
<br /> [o and be binding upon the heirs,executors,a�ninisu.,i„rs,successors,grantees,lessees and assigns of the parties hereto respe�tively.Any reference ia dus Deed of
<br /> Trust of the singular shall be construed as plural wLe:c ;ppropriate.
<br /> � � (5)Each of the undersigned hereby waives the iight tu�l dm any damage for trespass,injury or any tort occasioned by or msulting from the exercise by the Holder of
<br /> the rights given hereunder or any attemp[to exercise any other right the Holder is herein granted,or any other right that the Holder has or may have,to the extent
<br /> permitted by law.
<br /> (6)Invalidity or unenforceability of any provi:>ions t,e;�ur shall not affect the validity and enforceability of any other provisions.
<br /> (7)If any of the undersigned is a matried per<<;n,he c._pr,.;ents and wairants ihat this insavment has been executed in his behalf,and for his sole and sepazate use and
<br /> benefit and thac he has not executed tY��sama as sur,:;;fc>r another,but that he is the Boirower hereunder.
<br /> (8)In We event of default in the pedormance oi any of d�„icrms and conditions of this Deed of Tmst,including causing or pernuuing the principal balance of any senior
<br /> lien to increase above the principal balance.,i the tua�of the making of this Deed of Trust or the note secured by it,the Beneficiary shall be entided to immediate
<br /> possession of the property above described.
<br /> (9)A copy of any Notice of Default and a co�;�of the 1Vodce of Sale shall be mailed to each person who is a party thereto at the address of such person set forth therein,
<br /> at the same time and in the sazne maiuier reGuired as tl�c�ugh a scparate requcst had been filed by each.
<br /> IT IS FtJLJ_Y LJNDEkSTOOD that the Deed:,f Tru:.i tc be executed by the undersigned is not a moRgage,but a Deed of Trust,and that the power of sale in the Deed
<br /> of Trust provides substantially different rights,nd cz ii�utions to the Trustor than a mortgage in the event of a default or breach of ubligation.
<br /> �� -� --____ ��
<br /> , tor- 08 rroi��er _
<br /> ::evzn D. Bur ri}� Jatiet IC. Burri�l"�or Borrower
<br /> IN WITNESS WHEREOF,Trustor has ex�::ute�utiiy Ueed of Trust the day and yeaz first above written.
<br /> Signed sealed and delivered in the presenc�of.•
<br /> c,
<br /> ------__ - (SEAL)
<br /> • �tness Kevin D. ur' '�ortg�Borrower
<br /> �
<br /> __—. - (SEAL)
<br /> �tness Janet K. Burr.it*_ Mortgagor-Borrower
<br /> ACKNO WLEDGMENT
<br /> STATE OF NEBRASKA
<br /> ss
<br /> COtJN'I'Y OF Hc3i 1
<br /> This ?.9th da of Apt:i 1 �
<br /> y , 19 g8,personally appeared before me Ke�in ll. Burritt and
<br /> ,7anet �C. F3urra tt __ fris `wi�� ,to me lmown to be the ideadcal persons named in
<br /> and who executed the foregoing Deed of Trust,u�d sevcr.:ily aclmowledged the execution be(his)(her)(their)free and voluntary act and deed.
<br /> ��
<br /> ���Ul NOTARP•State of Nebnsk� ary Pubiic
<br /> ( JANET 0'MII«Er
<br /> MyComm�f:�p:''liy;�,lyge �7�net O'C7a11���
<br /> Print Name
<br /> My commission expices __
<br /> � C7 ?: d ~t
<br /> �e
<br /> n. I o c
<br /> Vi "q '+�
<br /> � O
<br /> �1
<br /> 2 � o �
<br /> � � C
<br /> a �
<br /> . � v y s
<br /> z � � b � �
<br /> � � � �
<br /> n a v
<br /> O � �
<br /> C n � ° 3 �
<br /> � � g t7 �
<br /> �
<br /> z � o � r�r
<br /> � � C�
<br /> � ° N
<br /> o C n �
<br /> � `` -i
<br /> � �
<br /> �
<br /> ,< �
<br /> n c�i
<br /> H O
<br /> nO'�f �
<br />
|