|
�012� �'���
<br />those in or on pubNc domain. 9 �„ 1Q�82
<br />Q
<br />2. To insute and keep Inaured bulidings end other Improvements including lixturea and attachments now on or hereafter pleced an the property
<br />to the setlafaction of Beneficiary. Such tnsurance wlll be approved by and deposited wilh Beneficiary. and endo�sed with loss paYa6le clause lo
<br />Berreticiary. Any aums so reccived hy Beneticlary may be uaed to pey tor reconstruction of the deatroyed improvementa or it rrot so applied mpy
<br />be applied, at the optfon of Beneficiary, in peymant ot any indebtedrress matured or unmatured secured by this Trust Deed.
<br />3. To keep all buildings, fixtures, ettachmenta, and other improvemenis now on or harea(ter placed on the ptoperty occupied and in good repalr,
<br />maintenance, end condition and to neither commit nor {�mit any acte ot waste or any impafrment ot the value ot the property. Beneflciary m�y
<br />enter upon the property to inspect the same or to parform any acts authorited herein or in the loan agreement(sl.
<br />4, In the event Trustor(s) fails to pey any Uens, jutl8ments, assessmenta, taxea, rents, feea, or charges ar mamlain arry inswance on tho
<br />property, buildings, flxturea, ettachmenta, or tmprovements es provlded herein or in the loan agreement(sl, Beneticiary, at ita option, may make
<br />such paymenta or provide ineurence, malntenance, or repaira and any amounts paid tharefor will bacome part ot the principal indebtedne5s
<br />secured hereby, be immediatelY due and payable and bear intereat at the detault reta provided in the notefsl irom the date of peyment untii paid.
<br />The advencement by Bsneficlary ot any such amounta will in no manner limit the right at Beneficiary to declare Trustorls� in delault or exercise
<br />any of Beneficiary's other righta and remedies.
<br />5. In lhe evant 8eneflciary is e party to any liligatlon aNecting the property or the lien ol this Trust Deed, including any nclion by Benoliciary to
<br />entorce this Trust beed or any auit in which 8ene(iciary is named a defenda�t (including cortdemneNon and benkruptcy proceodingsl 9enaficiery
<br />may incur expenaes and edvence paymenia for ebstract 1eea, attornays fees (to the extent allowed by lawl, costs, expenses, appreisal tees, and
<br />other charges and any amounta ao advanced wilt become patt oF the prtnctpal indebtednesa secured hereby, be tmmediately due and payable and
<br />bear interast at the delautt rate provided in the notelsl trom the date of advanee untfl paid.
<br />6. Any awards made to Trustorfs) ot thair successors hy the exereise of eminent domain ara huroby assigned to Beneticiary; and Bene(iclary �s
<br />hereby authorized to ca0ect and epply tha same in payment of any indebtednesa, meiure or unmetwed, secured by this Trust Dead.
<br />7. In the event t�uacor�s� defaulta In the payment when due of any aums secured herebY (pri�ipal, Interest, advancements, or protective
<br />advances), w fails to parlarm or observe any covenants and condiUons contained harein, in the notelsl, loan agreementlsl, or any oth0�
<br />instruments, or eny proceedings is braught by or against Trustorlsl under any Bankruptcy laws, Berreilciary, at its option, mey declare the entiro
<br />indebte8rress aecured hereby to be fmmediately due and payeble and the whole w(II bear interest at the default rate as provided In the notelsl
<br />end Baneficiary may lmmediate{y euthor{ze Truatee to axerctse the Powar ot Sale grented herein in the manner pTOVided in ihe Nebraska Trust
<br />Deeds Act, or, at the optfon of the Beneticiary, may foreclosu the Truet Deed in the manner nrov(ded by law tor the foreclosure of mongeges on
<br />real property, irtcludfng tl,e appotntment ot a Roeaiver upo� ex pane epplicatbn. noticc Ming hereby express�y tveived, without regard to the
<br />value of the property w the au(flcienUy thereof to discharge the indebtednesa secured hereby or in the loan agreemant(sJ. Delay by Bene(iciary
<br />In exercising ite rights upon default w{II not be conatrued as a weiver thereol and any act ol 8eneficiary walving any apeeitled default wili �ot ba
<br />canatruad ea a weivw ol any Iuture deisult. If tha praceads undar auch sele or toreclosure era inaufliciant io pay the tatel indehtedness sacuced
<br />hereby, Trustor{st do hereby agree to be personally bound to pay the unpaid balgnce, and Berreficiary will be entitled to a dellciency �udgment.
<br />B. Should 8ene(iciary elect to exercise the Power of Sale granted herefn, Beneficlary will notify Trustee who wlll record, publish, end deliver to
<br />Tiustorlsf such NoHce of Defeult end Nodce of Sele as then required by law end will in the manner provided by lew, sell the property et the time
<br />and place oi sala tixed In the Nottce nf Sale, either es a whole or in aeperate lota, parcals, or iteme and in such order ea Trustee wiU dee�*+
<br />expedient. Any person may bid et the sale including Trustorlsl, Truatee, or Berreticfary.
<br />9. Truatorls) hereby raqueata a copy of eny Motice of Deteult or NatEce of Sale hereunder to be mailed by certified mefl to Trustor�s) at the
<br />addreas{eal sat forth harein.
<br />10. Upon default, Beneticiary, either in persao or by agent, with or without bringing any action or proceeding and with or without rugard to lhe
<br />value ol the p�aperty or the sulfictency thereoi to discharge the Indebtedness secured hereby, is authorized nnd entitted to enter upon and lake
<br />possassion ol the property in ila own nama or in the nama ot the Trustee and do any acts or expend any sums it deems necessary or desirahle
<br />to proteel or preaerve the valua of the property or a�y intereat therein, or increase the incame iherelrom; and with or without taking possessto�
<br />of the properry is authorized to aua for or otherwisa collect the rents, issues, crops, profits, and income lhereof, inctuding those past due and
<br />�pald, and apply !!w samo upon any fndubiedneas securad hereby or in tl�e Inan ayreement(sl.
<br />No remedy herein conterced upon or reserved to 7�ustee or geneficlary is intended to be exaiueive ol eny other remedy herein or by law
<br />provtded or petmitted, but each will be cumuletive, wifl be in addltion to every other remedy given hereunder or now or hereatter exiating at law
<br />w in equily or by stetute, and fnay De exerciaed concurrently, independently ar succesaively.
<br />11. 7rustor(S) ackrrowledges that the dutles and obligetions oF Trustee will be detormined solely by the express provisions ot this Trust beed o�
<br />tha Nebraske Truat Deeds Act end Trustee witl not be IieWe except tor the performance af auch dutles and o6ligatiana as ere apenitically set
<br />fath therefn, ¢nd na impqed covenanta or obligaUons wili be tmposed upan Trustee; Ttuatee will not ba liatrle 1or any action by it i� gaod taith
<br />arnl reaeonably believed by it ta be authorized or within the diacretion or righta of powers conferred upon it by thia Trust �eed or atete law.
<br />12, The Integrity and respo�Ibility of Truator�sl constttutes a pert of the conafderatton for the obligations secured hereby. Should Trustor(s)
<br />seA, transfe�, or convey the property deacr(bed herein, whhnut prtor written consent of Beneficiary, Berreficiary, at its opdon, mey declare the
<br />entire indebtedneas Immediataty due and payeble end may praceed in the enforcement of its rights as on anY other default,
<br />13. Asaipnmant oT ReMS including Proceeds o1 Mineret leases. Truatorla) heieby assiena, translera, and conveys to Beneficiary al1 re�ta.
<br />royalHes, bonuses, and daley moneys or othar praeeeds that mey from Ume to time becoma due and peyeble under any reel estete laase or
<br />under any oit, gas, gravel, rack, or other minerel lease of arry kind Inciuding geothermal resources now existing or thet may hereafier come Into
<br />existence, covering ihe property or any part thereof. AII such auma so received by Bene(iciary wip ba applied to the indebtedness secured
<br />hereby; ar Benelfcfary, at Its option, may turn over and deliver to Tru.vtorts� or their successors In interest, any or ell of such aums without
<br />pre;udtce to any ot Beneqciary's rfghts to take and retain future sums, a�x1 withou� prejudice to any ot Its olher rights under tfiis Tr�st Deed•
<br />This assignment wiN be conavued to be a proviaton for die payment or reduction of the debt, subject to the Beneticiary's option as hereinbefore
<br />provided, irnlependent of the Ilen on the property. Upon payment in lull o( the debt and the reconveyance of this Trust Deed of �ecord, this
<br />assignment wiil become IrropereUve and of rto further force arM elfect.
<br />{4. This Truat Dead constitul9a e Sacur4cy Agreement wllh �espect to eil the propetty describad fierein.
<br />15. The covenents contained in thfs Trust Deed will be deemed to be aeverable; In the event that eny po�tion of this Trust �eed ia determined
<br />to be void or unenlorceable, that determtnation wUl not afiect the velidfry o( the remaining porUona ol the Trust Deed.
<br />WOITAS2EWSKI BROTHEflS JOINT VENTURE, A Joint Venture
<br />BY: JERRY & LINDA WOITAS7EWSKI'S CORPORATION, a Corporatlon, a Joint Venturer .�• �: -� F'' i��
<br />g � ...
<br />ERRY W azewski, President . �
<br />'i•��..•.f�, i, .• t.�( i , �
<br />BY: RON & KATHY WOITASZ�WSKI'S CORPORATION, a Corporation, e Joint Venturer _
<br />By W ` �LW91� ' �
<br />RON WOITASZEWSKI, Prea nt
<br />��Ap d�i �00133$10; Prlmery Cuatomer FD lt: 00 v 27; CIP �: 78870 � Lagel Duc. Date: May 0 �98
<br />FCSN�6011 ( T�ust Deed and Aestgnment m...nta ' ' , � ��• Page 2
<br />
|