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89-- 10236 9 g 250 2 <br />Them"*) and each of them further covenants and ogress with Beneficiary as follow: <br />(1) To pay al liens, judgments, or other assessments against the property, and to pay when due all assessments, taxes, rents, fees, or charges upon" properly or <br />under any lease, permit, icatim. or privilege assigned to aenefoary as additional security to this Trust Deed, including those in or on pubic 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 the satisfaction of <br />Bsrreffclsry. Such inaurancewig to approved W and deposited with Mnefidary, and endorsed with toss payable clause to Beneficiary. Any sums so received by Beneficiary, <br />may be used to pay for reeartstruetion of the destroyed Improvements or it not so applied may be applied, at the option of Benetidary, in payment of arty indebtedness <br />matured or tanat rat watrad by Via Trust Deed. <br />(9) To keep as buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, maintenance, and <br />condition and b neither ea v. t not permit "acts of waste or any imparment of the value of the property. Brmefiiary may enter upon the properly to inspect the same or to <br />perform any acts auAsorited herein or [n 1fN loan ageerrsent(s), <br />(4) in the event Tfustor(s) fails to pay ary Eons, judgments, assessments, razes. rents, fees, or charges or maintain arty insurance on the property, buKd,1s, fixtures, <br />artschmtnts, or improvements as provided herein or in the loan agreement(s). Benetidwy, at its option, may make such payments or prow.de insurance, r.a'- .tenance. or <br />r**s and any amosxhls paid thwellorwill beooms part of the principal indetedness secured hereby, be immediately due and payable and bear interest at Ere default nga <br />provided in the nob(s) from the data of paytnent until paid. The advancement by Bensficary of any such amounts will in no manner limit the right of Bonefcary F.t dace: e <br />Tiusarp) in default erexercise any of Bwtefieiarys other rights and remedies. <br />(5) In the event Banaficlary is a party to any litigator a:`.eeng the properly or f!te lien of this Trust Deed. including amj action by Beneficiary to enforce ties T't st Deed Z. <br />any suit h which Buzstseiary Is named a defendant (irta-,E condemnation and baninhptey laareedngs) Beneficiary map "r x expenses and advance payme s;ar xas :, <br />fees. atomays Nos (tai the extent allowed by law), cos:., eVanses. appraisal fees. and other charges and arty amot,--s so advanced will become parr a :+e a r4r <br />indobtedrhess secured hereby, be immedatey due and payable and bear i- Serest at the default rate provided in the note(s) -m the date of advance until paid, <br />(6) Any awards made b Trustor(s) or their successors try the ew.vzoe of eminent domain are hereby assigned to nasefidary; and Benefidary is here. ty acidsorized to <br />colon tend apply the Sams in payment of any indebtedness, mature cr;,rYaaued, seared try this Trust Deed. <br />(1) In the event Trotor(s) defaults in the paymentwhen due of are 'u ns aecu-^ lit"i , St-',priricipal. interest, advance^•e?^ts. or protective advances), or. i� to psrtam or <br />observe arty eovenar= and conditions contained harem, rr ta nre,_), toaz agreemen�{r�`, :air: any other instruments, or wo, proceedings is brought by or sgar~st Trustor(s) <br />under arty Bankruptcy laws, Beneficiary, at its option, t'W derara the e-tr:e irtdebtadnes� .scarred hereby to be immedWV": •cue and payable and the whofe *"t; ;bear interest <br />at to default rate as pttw od in the note(s) and Bens`. =a?y may immedursty authorize Trustee to exercise the Power a sate granted herein in the maOner provided in the <br />Nebraska Trust Deeds Act, or. at the option of the Beneficiary. may f hvdose the Trust heed in the manner provided by tawi, *'Me foscbsure of mortgages on real propsrry.; <br />including to appoinowit of a Receiver upon ax parts sppliaticn, notice being hereby expressly waived. without regard W tic# value of the property or the sufficiently the ,'tz <br />clW arga ilia indabtedcwss seared hereby or in the low...agreemengs). Delay by Beneficiary in exeaising its rights upar to i, tt will not be construed as a waiver th*r v° air.':' ' <br />any acoof Beneficiary waiving any specified default wilt nw--o construed as a waiver of any future default. If the proceeds. xhdiir such sate or foreclosure are insu f1kdw. LN p4y , <br />the wN indabudnoss set unid hereby. Truslor(s) do I•hsvbj agree lobs personally bound to pay the unpaid balance. and ' emliciary will be entitled to a defiderK?, •p gr-rwnt <br />(9) Should Beneficiary elect b exercise the tower• c1' Sale granted herein, Beneficiary will notify Trustee who will rem-o. publish, and deliver to Trustor(s, s c -, ;(attm ;v <br />Dsbr rkand Nodcoof Sala as than squired by law and will in the manner provided bylaw, sell the properly at the time and place of sale fixed in the Notice of <br />whafie min seperafs lots, parcels, or items and in such order as Trustee will deem expedrem Any person may bid at the sae including Trustor(s), Trustee, or <br />(g) Truants) hereby requests a copy of any Notice of Default or Notice of Sate hereunder to be mailed by certified mat to Trustor(s) at the addsss(esl . sat•fihn he:efn. ; <br />(10) Upon defadt. Beneficiary. either in person or Cy agent. with or without bringing a°hy action or proceeding and with or without regard to the value of the .crowny air the <br />sulfkiency t ersof io disdurge the indebtedness saarxcl hereby. Is authorized and antitied o enter upon and take possession of the property in its own nz^ta o; k! ft mme <br />of the Truss" and do any acts or expend any sutras it bores necessary or desirable to p-weet or preserve the value of the property or any interest therein, a. r&eastrtth8 <br />income therefrom; and wl" or without takifg possesson of the property is authorized to sue for or otherwise collect the rents, issues. crops, profits, and income tteredi.. <br />including those past due and urea d- er^dt py the same upon any indebtedness secured hereby or in the loan agreement(s), <br />No remedy herein omfefrad :jw Y r raaenred = Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law provided or permitted, but <br />each will be cumulative, will be in ad;.h:a:, to every ofna, remedy given hereunder or now or hereafter existing at law. at in equiy or by statute, and may be exercised <br />conch rsndy, indeperdonty or successively. <br />(11) Trusior(s) acknowledges that the duties and C&gatons of Trustee will be determined solely by the express provisions V n, % 7,L%1, Teed or the Nebraska Trust Deeds <br />Ails anclTnutse will not be liable except for the performance of such dutes and obligations as are specifically set forth therein, acid m ,rmliae -jovenants or obligations will be <br />imposed upon T=***. Trustee will no? lee liable for any action by it in good fait► and reasonably believed by it to be authorized or wo r -re dscretan or rights of powers t> <br />confrrcrad upon it by this Trust Dead or s'aw taw. <br />(12) The Integrity and responsibiOj of Trustor(s) constitutes apart of rte consideration for the obligations secured hereby. Should Truswr(a) sell, transfer, or convey the <br />property described heroin, vwfbw prrr written consent of Beneficiary, Beneficiary, at its option, may declare the entire indebtedness immediately due a-it ;:Arable and may <br />prowad In the of dof"; a r d iu as ari any otter dofa;.4t - <br />(0) Assignment of Harris it .6-h;, Proceeds of fArwal leases. Trustor(s) hereby assigns, transfers, and conveys to Beneficiary all rents, royalties. brasses, and delay <br />morays or otter peoc7ads drat may rmh 9ma to time become due and payable under any real estate lease or under any al, gas, gravel, rock, or other r lease of any r -i <br />kind including geothermal rescurm ^rm- existing or that may hereafter come into existence, covering the property or any part thereof. All such &,ms so received by . <br />aensfirrary will be applied to the ine6w teem secured hereby; or Beneficiary, at its option, may turn over and deliver to Trustor(s) or their successors in interest, any or all ail <br />such sums without prejudnce to any o, Eaw?li datys rights to take and retain ftmre sums, and without prejudice to any of its other rights under this Trust Deed. This assign.Tent <br />will be construed to be a;Y(W.sion for the pay'•rert or r- eduction of the debt subject to the Bwwfidarys option as hhereinbet-oo provided, independent of the ten on the property. aaaE <br />Upon payment In RA of trio debt and the reconveyartoa till this Trust Deed of record, this assignment will become inoperative and of no further force and e:ttvr. i <br />(14) The cownsnts contained in this Trust Deed will be deemed to be severable•, in the went that any portion of this Trust Deed is dete-med to be void or unenforceable, <br />test wlion will not affect the validity of the riRtairdng portions of die Trust Deb. <br />r <br />Arden N. Peterson Gretchen K. Peterson <br />STATE 09 NE SR A ) <br />ss. <br />cour-M OF <br />Onthis X.2/b dal sf G. ; ' ; A D., 19.` ' i before me, a Notary Public, personalty appeared <br />Arden N. Peterson and Gretchen K. Peterscri, husband and wife <br />to me ;mow to be the persons) named in and who executed the foregoing Acknowledgment and Trust Dead and acknowledged that t:iley <br />execulr d tYte same as their voluntary act and deed. <br />i <br />MEL� (Type or print name under signature) <br />Notary Public in and for said County and State <br />FAy commission expires <br />00 J <br />in 00 <br />L <br />.r <br />z u^t <br />r� <br />