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PRINCIPAL INDEBTEDNESS ABOVE HAS BEEN ADVANCED. �0 � 0 0 0 2 9 4
<br /> This Trust Deed wiil be due April 01, 2015.
<br /> Trustorls) hereby warrants that Trustor(s) holds fee simple title to the above described property, that Trustor(s) has good and lawful authority to
<br /> deed and encumber the same,that the property is free and clear of all liens and encumbrances,except encumbrances of record, and that Trustor�s)
<br /> will warrant and defend the property, at Trustorls)expense, against all claimants whomsoever. Trustorls) also hereby waives and relinquishes all
<br /> rights of dower, homestead, distributive share, and exemption in and to the above described property.
<br /> Trustor(s)and each of them further covenants and agrees with Beneficiary as follows:
<br /> 1. To pay all liens,judgments,or other assessments a�ainst the property,and to pay when due all assessments,taxes,rents,fees,or charges upon
<br /> the property or under any lease, permit, license, or privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or
<br /> on pubhc domain.
<br /> 2. To insure and keep insured buildings and other improvements including fixtures and attachments now on or hereafter placed on the property to
<br /> the satisfaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to
<br /> Beneficiary. Any sums so received by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may
<br /> be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. Such insurance will be
<br /> in an amount at least equal to the lesser of the loan balance, the actual cash value of the collateral, or the replacement cost of the property, and
<br /> will at a minimum,cover losses caused by fire,lightning,explosion, riot,aircraft,vehicles,vandalism, civil commotion,smoke,windstorm,and hail.
<br /> Trustor(s) will obtain and keep flood insurance in force to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act
<br /> of 1968,as amended,and by regulations implementing the same. Trustor(s)further agree that Beneficiary is not and will not be liable for any failure
<br /> by Trustorls) or by any insurer, for whatever reason,to obtain and keep this insurance in force.
<br /> 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair,
<br /> maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may
<br /> enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreementlsl.
<br /> 4. In the event Trustor�s) fails to pay any liens,judgments, assessments,taxes, rents,fees, or charges or maintain any insurance on the property,
<br /> buildings,fixtures,attachments,or improvements as provided herein or in the loan agreement(sl,Beneficiary,at its option,may make such payments
<br /> or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the principal indebtedness secured hereby, be
<br /> immediately due and payable and bear interest at the default rate provided in the notels)from the date of payment until paid.The advancement by
<br /> Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustorls)in default or exercise any of Beneficiary's other
<br /> rights and remedies.
<br /> 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by Beneficiary to
<br /> enforce this Trust Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary
<br /> may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law►, costs, expenses, appraisal fees, and
<br /> other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and
<br /> bear interest at the default rate provided in the notels) from the date of advance until paid.
<br /> 6. Any awards made to Trustorls) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is
<br /> hereby authorized to collect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed.
<br /> 7. In the event of default in the payment when due of any sums secured hereby(principal,interest,advancements,or protective advances),or failure
<br /> to perform or observe any covenants and conditions contained herein,in the notelsl,loan ayreementlsl,or any other instruments,or any proceedings
<br /> is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and
<br /> payable and the whole will bear interest at the default rate as provided in the notels)and Beneficiary may immediately authorize Trustee to exercise
<br /> the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may foreclose the
<br /> Trust Deed in the manner provided by law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parte
<br /> application, notice being hereby expressly waived, without regard to the value of the property or the sufficiently thereof to discharge the
<br /> indebtedness secured hereby or in the loan agreementls). Delay by Beneficiary in exercising its rights upon default will not be construed as a waiver
<br /> thereof and any act of Beneficiary waivi�g any specified default will not be construed as a waiver of any future default. If the proceeds under such
<br /> sale or foreclosure are insufficient to pay the total indebtedness secured hereby,Trustor�s)do hereby agree to be personally bound to pay the unpaid
<br /> balance, and Beneficiary will be entitled to a deficiency judgment.
<br /> 8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to
<br /> Trustor(s1 such Notice of Default and Notice of Sale as then required by law and will in the manner provided by law, sell the property at the time
<br /> and place of sale fixed in the Notice of Sale,either as a whole or in separate lots,parcels,or items and in such order as Trustee will deem expedient.
<br /> Any person may bid at the sale including Trustor�s►, Trustee, or Beneficiary.
<br /> 9. Trustor�s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustor(s) at the
<br /> addressles) set forth herein.
<br /> 10. Upon default,Beneficiary,either in person or by agent,with or without bringing any action or proceeding and with or without regard to the value
<br /> of the property or the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession
<br /> of the property in its own name or in the name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or
<br /> preserve the value of the property or any interest therein,or increase the income therefrom; and with or without taking possession of the property
<br /> is authorized to sue for or otherwise collect the rents, issues, crops, profits, and income thereof, including those past due and unpaid, and apply
<br /> the same upon any indebtedness secured hereby or in the loan agreement(s).
<br /> No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided
<br /> or permitted, but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
<br /> or by statute, and may be exercised concurrently, independently or successively.
<br /> 11. Trustorls) acknowledges that the duties and obligations of Trustee will be determined solely by the express Qrovisions of this Trust Deed or
<br /> the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forth
<br /> therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and
<br /> reasonably believed by it to be authorized or within the discretion or nghts of powers conferred upon it by this Trust Deed or state law.
<br /> 12. The integrity and responsibility of Trustor(s)constitutes a part of the consideration for the obligations secured hereby. Should Trustor(s) sell,
<br /> transfer, or convey the property described herein, without prior written consent of Beneficiary, Beneficiary, at its option, may declare the entire
<br /> indebtedness immediately due and payable and may proceed m the enforcement of its rights as on any other default.
<br /> 13. Assignment of Rents including Proceeds of Mineral Leases. Trustor�s)hereby assigns,transfers,and conveys to Beneficiary all rents,royalties,
<br /> bonuses, and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil,gas,
<br /> gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covering
<br /> the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at
<br /> its option, may turn over and deliver to Trustor�s) or their successors in interest, any or all of such sums without prejudice to any of Beneficiary's
<br /> rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. This assignment will be construed to
<br /> be a provision for the paymeni or reduction of the debt, subject to the Beneficiary's option as hereinbefore provided, independent of the lien on the
<br /> property. Upon payment in full of the debt and the reconveyance of this Trust Deed of record, this assignment will become inoperative and of no
<br /> further force and effect.
<br /> 14. This Trust Deed constitutes a Security Agreement with respect to all the property described herein.
<br /> 15. The covenants contained in this Trust Deed will be deemed to be severable; in the event that any portion of this Trust Deed is determined to
<br /> be void or unenforceable,that determination will not affect the validity of the remaining portions of the Trust Deed.
<br /> .D � ` �iv Y v Y1.Q.��L���V
<br /> INDIVIDUAL BORROWER ACKNOWLEDGMENT
<br /> STATEOF NEBRASKA �
<br /> COUNTY OF HALL 1 ss
<br /> 1
<br /> On this �t�l day of January , 2��� , before me, a Notary Public, personally appeared
<br /> Larry D. Woitaszewski and Anne Bohan
<br /> to me known to be the personls) named in and who executed the foregoing instrument, and acknowledged that they executed the same as
<br /> their voluntary act and deed.
<br /> ISEa�1 � � ' � ' �EN�Rq�.NOTARY State of Nebraska - L , .���
<br /> �H RONALU L.REISER Ro ald L. Reiser
<br /> My Comm.Exp.NoK 11,2002
<br /> (Type name under signature)
<br /> My commission expires Notary Public in and for said County and State
<br /> i
<br /> Ap #: 00183674; Primary Customer ID �i: 00039462; CIF #: 56537 Legal Doc. Date: January 07, 2000
<br />.ro, FORM 5011,Trust Deed and Assianment nf Rantc o..,.,. �
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