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89-- 100559 Psge2 t2 <br />Page 2 of 2 <br />(e) The repayment in full by Trustar(s) of at I amounts advanced by Beneficiary, at its option. to or on behalf of Trustor(3) as protective advances <br />authorized herein. in the loan agreement fs). or in other instrument(s) which may be given to evidence such advances, plus interest on all such <br />advances. payable as provided in the note(s), loan agreement(s) or other instrurnent(s) <br />(d) The payment in full of any and all other past, present or future. direct or contingent, debts and liabilities of Trustor(s) to Beneficiary of any <br />nature whatsoever. <br />This Trust Deed will be due FebnliarY_ 2;k,_ l qgA_ or upon the payment in full of a-A sums secured hereby. <br />Trustar(s)heraby thaftheyhavegoodsndtawfutauthorrty todtedond encumber the same. <br />that said property butte andf c:d7r of at! nens a-d encumbrances except encumbrances of record, one twat tt bI aitll warrant and defend said property against all <br />claimantsfithemsoe"r Trustorts)also, here: syw care eanirett:tqu:fhaltnghtseldewer, nomostead. d,stribut+ve!ahi re and exemption inandtatheabovedescribed <br />property- <br />Trumr(s) WA sabot of ataa ft~ cove carte and 9- a efwf �enet9etrry a,a tkoltowa <br />(1) Topayallhens ardfa ray when due oil taxes, rants. feesorchargesupon said T rustEtdatecrunder <br />any frase, permit (;cerise or prrr.ege assigned to Benef'ciary as alt1tonat security to this Trust Deed. ,nctuc:x9 those on pubtie domaln. <br />(2) To insure and keep iraured buiWings and amer improvements raw on or hereafter placed on said Trust Estate to the satisfaction of Beneficiary. Sucit <br />inauranceshallbeopprovedbyanddeposi ted with Beneficiary .andendorsedwith less thereunder payabletoBeref+ctary. Anysumssoreceivedby Beneficiary may <br />be undto payfor reconstruction otthedestreyed improvements or drat saapplied may. at the option of Beref,c,ary, tseapplied in payment of any indebtedness; <br />matured or unmatued secured by this Trust Deed <br />M To keep all,buddings. fixtures and other improvements now on or hereafter placed on said Trust Estate occupied and in good repair, maintenance slid <br />condition and to neither commit nor permit any acts is , waste or any impairment of the value of the Trust Estate Beneficiary may enter upon the Trust Estate to <br />Inspect the sarre or to perform any acts authorized tam :r in *he loan agreemertt;s) <br />(4) I ntheeventTruster (s)fatitapayarr ;l:en%iudgnasris ez't> - menis ,taxes.rents.feescrcf•a:3esor mammon anymsuranceonthe property, buildingfijfixtures <br />or improvementsasprovidedheresrtormttseloanagraaara ; -T' !? tititraarymay, atitsoption, makeseenpaymentsor provide insurance, mainlenanceortepairs <br />"any amounts paidtheref orshalii become partafrtaptinciV' i,rcet Wriesssecuredheraby, beimmediatelydueandpayableandbearinterest fromthewe if' <br />payment as pro idedinMenotes )orloanagreement( % ;. sheave-: or rentbyaenefic, aryofan ysuchamountsshallinnomannerlimittherightofHomficiary to <br />declare Truster(s) in default or exercise any of Bereft iary's o:!ien!rr•s and remedies <br />(5) in the event Senefic;ary is a party toany litqatio;f, afecting "ietunty, crne uen at misTrust Deed, including any action by Beneficiary to entbrefethis Trust <br />Deed or any suit in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary may fheurexpensm and advance <br />paymentsfor abstractfees, attorneys tees (except to theextent proh ibit ed by law,. costs, expenses. appraisal feesend other chargosandanyamountsso advanced <br />V'Ww: become part of the principal indebtedness secured hereby, be mmediately, due and payable and bear interest as provided'in the loan agreement(s). <br />c6) Anyitwards madeto Trustor(s) or then successors by theex�-mse of eminent domain are hereby s5?,anarf to Rerieficiery; end Beneficiary is hereby aulno -Zed <br />to Wlect and apply the same in payment of any indebtedness, matured or unmatured. secured by this Trust Deed. <br />rn in the event Trustor(s) default in the payment when due of any sums secured hereby (prmcipa). interest, advancements, or protective advances), or fail to <br />pe ff :arm or observeany covenants and conditions Contained herein, in the note(s), loan agreement(%), orany other instruments, or any proceeding is brought byor <br />aC -Tmst Trustor(s) underany Bankruptcy laws, Beneficiary may, at its option, declare the entire indebtedness secured herebyto be immediately dueand payable and <br />bow, at the default rate as provided in the note(s) or loan agreement(s) and Beneficiary may immediately authorize r rustes toexerctssg� the Power of Sale <br />ga-ed herein in the manner provided in the Nebraska Trust DeedsAct, or, at the option of the Beneficiary, may foreclose the Trust Deed in thordanne►providedby <br />law for the foreclosure of mortgages on real property, including the appointment of a Receiver upon ex parse application. naLaz t eng hereby expressly warred, <br />without regard to the value of the property or the sufficiency thereof to discharge the indebtedness secured hereby Orin the loan ay-zar- ent(a). Delay hyBeneficiary <br />in exercising its rights upon default shall not be construed as a waiver thereof and any act of Beneficiary waiving any specific deft-ill shall not becafristrued asa <br />eraiverof any AAw. -o Gefautt. If the proceeds under such sale orforecfosure are insufficient to pay the total indebtedness tecured hereby. Trustor(s) do trereby agree <br />is be persenaay bot.•nd to pay the unpaid balance. and Beneficiary shall be a tatted to a deficiency judgment. <br />(d) Should Bev aticiary elect to exercise the Powerof Safe granted hereus. Beneficiary snail notify Trustee who shall record, prubfth and delivertoTrustor(s) such <br />Notice of Default and Notice of Sale as then required bylaw and shall in the manner provided by law sell the Trust Estate at the time and place of sale fixed in the <br />Notice of Sale, either as a whole or in separate lots, parcels or items and in such order as Trustee shall doom expedient. Any person may bid at the sale including <br />Trustor(s). Trustee or Beneficiary. <br />(9) Trustor(s) hereby request a copy ofany Noticoof Default or Notice of Sale hereun der to be mailed to them at the address(es) set forth herein by certified mail. <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 of the <br />property or the sufficiency thereof to discharge the indebtedness secured hereby, is authorized and entitled to enter upon and take possession of the Trust Estate in <br />its own name or in the name of the Trustee and do anyacts or expend any sums d deems necessary or desirable to protect or preserve the value of the Trust Estateor <br />any interest therein, or increase the ircome therefrom: and with or without taking possession of the Trust Estate is authorized to sue for or otherwise collect the rents. <br />issues, crops, profits and income thereof, including those past due and unpaid, and apply the same upon any indebtedness secured hereby or in the loan <br />agreement(s). <br />No remedy tserre m conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive Warty other remedy herein or bylaw provideC or permitted. <br />but each shall be u-nulative• shalt be in addition toevery, other remedy given hereunder or now or hereafter existing at law ar sr equity or by statute, and maybe <br />exercised concurrently, independently or successively <br />(11) Trustor(s) acknowledge that the duties and obligations of Trustee shall be determined solely by the express provisions _Y "lit :-a Trust Deed or the Nebraska <br />T-usl Deeds Act and Trustee shall not be liable except for the performance of such duties and obligations as are specifics;:;, sa It rlh therein, and no Implied <br />ccsfeaents or obligatons shall be imposed upon Trustee; Trustee shall not be liable for any action taken by it in good falln sr,: n ir• onably believed by it to be <br />et: ftCdted or within the discretion or rights 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 setaied ",ere!;y , Should Trustor(s) sell, transfer or <br />convey the prope!V described herein, without prior written consent of Beneficiary Seneficiary may, at its option, the entire indebtedness immediately duo <br />and payable and may proceed in the enforcement of its rights as on any other default <br />(13) Assignment of Rents including Proceeds of Mineral Lease. Trustor(s) hereby transfer. set over and convey ;:4veneficiari all rents, royalties, bonuses and <br />delay moneys that may from timew. !me become due and payable under any real estate loeseor any o0, gas o- c :!verminerri. ieaseof any kind now existing or <br />that may hereafter come into exisrh :e, covering the above Trust Estate or any part thete3f. :;' sir ;h sums so rectified by Bw acictary shall be applied to the <br />indebtedrimssac.ired hereby: or- i0a' Senehciary may, atitsoption• turnoverand deliver toTrustor (8,or their successors inintere8:, I irorallof such sums wifhoLl <br />prejudice ta,2r,y nt[ enefieiary's rights to take and retain future sums• and wdhoat drejudice to any of its otner r.•;NS under v, -�' %sf Deed Thu tiransfer and <br />conveyance heR?faicerto Beneficiary of said rents. royalties. bonuses and delav'ioneys shall be construed to be &;piovision t07 t'•? payment :,.'rvd=ion of the <br />debt, subject to the Beneliciary's option as herembefore provided, independent of the lien on said Trust Estate Upon payee, : in full of the Debt and the <br />reconveyanee of this Trust Deed of record• this conveyance shall become inoperative and of no further force and effect <br />(' a:) The covenants contained in this Trust Deed shall be des.,rrtl to be severable, in the event that any portion of this Trust 0.wd is determined to be void or <br />u WfOreeabfe, that determination shall not affect the validity,:,, it's ^emaimng portions of the Trust Dead <br />flunnic,.`' !'-and Co. , a Nebraska Corporation <br />X l D. �Un�utt,.Pr sident M. Luc s):t; Hunnicutt, Se- .Zetary <br />NEBRASKA <br />HAMILTON <br />�,.. <br />-!,1-24th .• y February L.. !,4119—. t,ef or , r.r • 'i itut arc i'Ibll ^ In -in! for —il i County %rid <br />' :)'. •,. <br />Gerald D. Hunnicutt . 1 ]. r,! N t.'1. :i 'i l <br />r. <br />,. ,.y.•• , .%, f, _,%.., ,•,�n'. ..,, lilt. `, � �)!f :r.'.,. !!, .-•r� .::• %.e 1 :'rat;!'! =,pr � „• ,-'i1•! �,rror'a -lit); <br />.. ",' .. 1 ..., ,. .. •. 1:. ',�•i�rl• * ...i1'} r••,:, c'1' lLt _.� ,.,�.,,t'it.lOr, h't:' L^ rF .r "i•i' •'t1, <br />' . - .t,. i3,', r.: .. ,. - r:-- ,.r. ' : :nl . :.�'r...: , a ) ..pit it l "ti •! ! t . ' i'!tt!.'r ^) . <br />i'�7AT•C�•r- -�-�'; J�. z..e :' 1 , r -i' . _' tyre r <br />f'OR14 27(11 -a (12 -72) <br />fill } <br />� A <br />l 1r <br />z ` <br />i 1 <br />i <br />5 <br />f 1 <br />C <br />i• 1 :. <br />y.7, <br />mva�• <br />t� <br />.. i <br />I- -- <br />C <br />R -� <br />