|
$9 -- Page 101670 Paget 2 01,
<br />of 2
<br />(c) The repayment in full byTrustor( s) ofallamountsadvancedby Beneficiary. at its option. tooronbehalfofTrustor (s)as protective advances
<br />authorized herein, in the loan agreemont(s), 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 nots(s), loan agreement(s) or other Instrument(s).
<br />(d) TM payment In full of any and all other past, present or future, director contingent. debts and tiabitit(e:,o! Truatar (y) to Beneficiary at any
<br />nature whatsoever.
<br />Th)a Trust Dead will be due March 1, 2009 or upon the payment in full of all suers secured hereby.
<br />Truster( s) herebywarrantthatMayhaldfeesimpletitletot hoi4ftvedesciibedproperty, thatthey hawgoodand tawfulauthontytodoed and eneumborthesame.
<br />that said property istraeandclwrotallhansandanaum inincws. axcaptancumbrancasotracard. andthattheywillwarrant&iddatendssidpropertyagairmall
<br />claimants whomsoever. Truster( s) also herabywaiveand relinquish allrightsof dower, homestead. distributive share andexamption In andtothe above described
<br />property.
<br />Trusl er(s) oast each of Mere aaYler csaenanl sad epee wNh ie Wiclafy N faaanic
<br />(1) Topsysil lims. judgments or other assissoments against said Trust Estate. andto pay when due alltues. nxft Ifeesorcharges upon selcITNO Estateor under
<br />any tease, permit, licanee or privilege assigned to Beneficiary as additional security to this Trust Deed, Including those on public domain.
<br />(2) Tb Insure and keep insured buildings and other improvements now an or hereafter placed an said Trust (estate to the satisfaction of Beneficiary. Such
<br />insurance Shelf be approved byand deposited with Bensticiary, and etldotsedwith lossthereundat payable to Beneficiary. Anysumssonocelved by Beneficiary may
<br />be used to pay tot reconstruction of the destroyed improvementsor it not so applied may, at the option of Beneficiary. be apptkd in payment of any Indebtedness
<br />matured or unmatured secured by this Trust Deed.
<br />(3) To keep all buildings, fixtures and other improvements now on or hereafter placed on said Trust Estate occupied and in good repair, maintenance ind
<br />condition and to neitheircommit nor permit any watt of waste or any impairment of the value of the Trust Estate. Beneficiary may enter upon the Trust Estetatd,
<br />Inspect the same or to perform any acts authorized herein or in the loan agreement(s).
<br />(s) In the eventTrustor( s) failtopayanyliens .judgments.assessments.taxes, rents, fees orchargesormaintain any insunmcson the property. buildings. fixfsjj* --
<br />or improvements as provided herein or In the loan agreemenl(s), Beneficiary may, Wits option, make such payments or provide insurance, maintenance or re{,? M
<br />and any amounts paid therefor shall become part of the printlpaf.indebtednesssecured hereby, bermmediatelydueand payi(bleand bear interest from the twee
<br />payment as proWded in the notes) or loan agreemant(s),.Tlteadvsncament by Beneficiary ofilop ouch amounts shall in no manner limit the tight of Beneficiary to
<br />declare Trustor(s) In default or exercise any of Sanenchuy'eother rights and remedies.
<br />(5) In the went Beneficiary isei party to any. the securityorthe lion offhis�TrustL '( red, Ucctldktg any action by Beneficiary ta enforce thistrust
<br />Dead or any wit In which Beneficiary is t�ding condemnation and bankruptcy pib�iir4p) Beneficiary may incur g;rMnsas and advance
<br />payments forabstractfees , attorneys face {erC hir�k ia> sl}nhibitadbytaw), costs. expenses, appraisarY( ees and othercharges and an y&m0untssoadvanced
<br />shall become pan of the principal Indebtedritli '1FiC ?4C tierti r,.tle immediately due and per"„ 9 and tear interest as prriv(fted ip the tor. a%reenrent(s).
<br />(e) Any awards madetoTrustor (s)ortheirsucr isr,Y ' j4j,$ nerorciseoteminentdomainarktFetebyassignedto8enef ►Mast';rx fIIeneficiiiryis hereby authorized
<br />to collect and appty the same in payment of aryi-'.rrdra'si,*Mawo. matured or unmatured, segweT 17y this Trust Deed.
<br />(7) In the event Trustor(s) default in the pay —ati c: iiJian,:rie of any sums secured hereby (pi:iicipat, interest, advancers .,�-arotective advances), or fail to
<br />perform or observe anycovenants and in the note(s), loan agreement(s). orany other lnstrumeHrs &aq procceding is brought by or
<br />against Trumor(s) underany Bankruptcy laws. may, at its option, declare the entire indebtedness secured hereby tobe :c.nediatelydusand payable and
<br />bear interest at the default rate as provided id 111fei ndte(i) or loan agreement(s) and Beneficiary may immediately authorize Trustee to exercise the Power of Sale
<br />granted heroin in the man w- .. rrnvi dedi ntheNebraskaTiuitf3+ eedsAct, or, attheopti onofflitBenefici ary, mayforeclosetheTrustDeedinthemannerprovidedby
<br />law for the foreclosure of rrizrigages on real property, inctlrrrcg the appointment We Receiver upon ex parte application, notice being hereby expressly waived,
<br />without regard loth@valueoffhe property orthesufficiencyffcreof to discharge the indeblWnesssecured hereby or in the loan agreement(a). Delay bySeneacz ry
<br />in exercising its rights upon default shall not be construed as a waiver thereof and any act of Beneficiary waiving any specific default shall not be consmat ez a
<br />waiverof anytuture default. It the proceeds under such sale or foreclosure are insufficient to pay the total inde?-`4driess, secured hereby. Trustoil A do hereby29me
<br />to be paraonally bound to pay the unpaid btilance. and Beneficiary shall be entitled to a deficiency iudgment
<br />(8) Should BereficiarVelect to exercise the Power of Saleoranivit herain, Beneficiary shall notify Trusted owft shall record, publish and deiive7to TrustorjS ,. GLIO,
<br />Notice of Default and Notice of Sale as than required by taw and shall in the manner providey by law sell the Trust Estate at,,Aellme and place of sale fixed in fna
<br />Notice of Sate. either es a w"vils or In separate lots. oarrels w :tams and in such order as Trustee shall deem expedient. Any air3on may bid at the sate includinj
<br />Trustor(s), Trustee or Beneficiary
<br />(9) Truslor(s) hereby request a copy ota.1-i Notice of Delimit orflotice of Sale hereunder to be mailed to them at the address(es) setforth herein by certified ai;.
<br />(10) Upon default, Beneficiary. either in putyrir or by agent, with or without bringing any action or proxyling and with or without regard to the value of the
<br />property orthe sufficiency thereof tod isc!Iw eM eindebtednesssecuredhereby, isouthorizodandenti tledtce• teruponandtakepossessionoltheTrustEstatein
<br />i tsownnomeorinMe name of the Trusteea .,di oanyactsmaxpendanySumsi tdeemsnecessary ordesim!'-tetoprotectorpreservethevalueoftheTrustEstateor
<br />any Interest therein, or increase the into: etherefrom: anai vttlarwithouttakingpossessionoftheTr ustEM' si sauthorizedtosuefororetherwisecollecttherer 's.
<br />issues, crops, profits and i-rDZT A thereof, including Move pest due and unpaid, and apply, We sane upon any indebtedness secured hereby or in the 108n
<br />agreement(s).
<br />No remedy herein centered upon or�rrrxir T ai dtoTrufteeorBeneticlaryis intended tobeer, Gas:.. e,f it- yotherremedy herein orbylawprovidedorpermitted,
<br />but each shall be cumulative, shall be in aiN,51Lao toovary other remedy given hereunder or now or lie- Wta- 2zisting at law or in equity or by statute, and may be
<br />exercised concurrently, ind"ndently or try:mif=sety.
<br />(11) Trustor(s) acknowledge that the dutfeuraat:�ubhgstfors of Trustee shall be determined provisions of this Trust Deed or the Nebraska
<br />Trust Deeds Act and Trustee aJhall not be hable exceplAr• tfia performance of such duties e- d,o'odiya!i, ^a as are specifically set `forth therein, and no implied
<br />covenants or obligations s1rol. be imposed upon Trustee: Trustee shall not be liable for any W., u;i :niter 211x.f in good fear ind reasonably believed by it to be
<br />authorized or within the dism-Wan or rights of powers conferred upon it by this Trust Deed ac' <J:a:a caw.
<br />i' 2) The integrity and responsibility of Trustor(s) constitutes a pan of the consideration for the obtigatianz :v!cured herrr'cy. Should Trustor(s) sell, transfer or
<br />convey thepr:;,serty described herein, without pnorwritten consent of Beneficiary. Beneficiary may, at itaopt:,;,•.. declare the entire indebtedness Immediately due
<br />and payable+ati; may proceed in the enforce "tit of its rights as on any other default.
<br />(13) Assignment of Rents including Proceiai of Mineral Lease. Trustor(s) hereby transfer, set over and convey to Beneficiary all rents, royalties, bonuses and
<br />delay moneysthat mayfrom time totime becomedusand payable under any real estate leaseor underanyoil, gas orother mineral lease of any kind now existing or
<br />!hat may hereafter tome into Cx:stence, covering the above Trust Estate or any part thereof All such sums so received by Beneficiary shall be applied to the
<br />ndebtadneseswured hereby: v,'sald Beneficiary may, at itsoptlon, turn over and deliverto Trustor(s) or their successors in Interest, any or all of such sumswithout
<br />oreiudies to any of Beneficiary's rights to :cis and retac,'uture sums, and without prejudice to any of its other rights under this Trust Deed. The transfer and
<br />e0riveystiWienunder to Beneficiary of seii: rc •: , royn'ime, bonuses and deity moneys shall be construed to be a provision for the payment or reduction of the
<br />(%',M subt" IZ the Beneficiary's option en rs,,ewinbetaro provided, Independent of the hen on said Trust Estate Upon payment in full of the debt and the
<br />aconveyanes of this Trust Deed of retard ".N•'. r.7nveya -.7za shall become inoperative and of no further force and effect.
<br />(11) The wnants contained in this Tr, ;` - .;qed shall be deemed to be severable: in the event that any portion of this Trust Dead is deUvi "tined to be void or
<br />anenforc able, that determ,r.atron shall rro± a"eot the validity of the remaining portions of the Trust Deed.
<br />AL
<br />Dean G. Lau Joan R. Lau
<br />STATE OF NEBRASKA )
<br />' ► ss
<br />COUNT Y OC- —HALL—. _ )
<br />On this 3rd day of 1 A.17...19 3-9 Wcre me, a tl,dalfy Public, personally appeared
<br />Bean W. Lau and Joan R. Lau, husband and wife
<br />to me known to be the persons) nilirod in and who executed the foregoing Acknowledgment and Trust Deed. and acknowledged
<br />that they - executed the satne as their voluntary act and deed.
<br />• (SEAL) --
<br />M Bradley M. f ype onprint name under signature)
<br />ltliq cutnmiusiun bxp�* Notary Publlt in 0nd for said County and State
<br />L co
<br />o
<br />o
<br />�
<br />vi Z H ��
<br />cc ♦x S
<br />Cr
<br />Cr
<br />1
<br />a.
<br />P :r.•
<br />t.
<br />:ter
<br />u
<br />1
<br />
|