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outa:an:;�ng end securad heroby et any one time w�l not cxceed the aum oi TWO HUNDRED THOUSAND DOLLARS IS 200 000.001,exclusive ol
<br /> interest and protective advances avthorized herein or in the banag reementts• pro t APNSA�.LL�F1bT CONSTITU7E
<br /> A COMMITMENT TO MAKE FURTHER OR AODt71QNAL AO�'ANCES IN ANY AMOUNT AT ANV T{ME,WHETHER OR NOT THE 70TA1 PRINCiPAL
<br /> INDEB7EDNESS ABOVE HAS BEEN ADVANGfD.
<br /> (c1 The repaymert in fu1104 ap amwnb adva�eed by Be�eficiary at it;.option,as protectiva sdvsr+ees suthorized hsrei�,in tlx bu►�greement(i1,
<br /> or i�other instrtxnentts)which evidence such advaness,phu prterest on ar such advances,paysble u p►ovided in the note{sl,Ioan apteementls), � �
<br /> or other irtstrument(s). • �
<br /> (d) 7he peyment In tu11 ot any ard atl otMr paat, preaent,or luture,dkeet w contkigent,debts snd Iiabititlea of Truatorls) w otMr mekeia to �
<br /> Bene(iciary of any natura whatsoavsr. �
<br /> This Trust Deed will bs due April O1,2014,or upon the payment in fuli of all sums secured hereby. Q
<br /> Trustor(s)hereby warrants that Trustor�sl ho�ds tee simple tiUe to the above described property,that Trustorlsl has good and lawful authority to �
<br /> deed and encumber the same,that the property is tree and clear ot afl lieru and encvmbrances,except encumbrances0(record,and that Tr�storlsl W
<br /> will warrar.i and delend the property,at Trustorls)expense,agairut all claimants whomsaever. Trustorls)also hereby waives and relinquishes all O i
<br /> rights of dower,homestead,disuibutiva share,and exemption in and to the above described property. �
<br /> Trustor(s)and each ot ffiem turther covensrrts snd egrees witfi Beneticiary as todows:
<br /> 7. i o pay all liens,judgments,or other assessments a�ainst the{xoperty,and to Pay wt�n due all assessments,taxes,rents,tees,or cherges upon
<br /> the property or under any lease,permit,license,or pnv�lege assigned to Berrefiaary as additional security to this Trust Deed,including those in or
<br /> on public 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 o�Beneficiary. Such inswance wil) be approved by arid deposited with Bene(iciary, and endorsed with loss payable clause to
<br /> Beneficiary. Arry sums so received by Beneticiary may be used to Pay tor reconstruction of the destroyed improvements or if not so applied may
<br /> be applied,at the cption of Beneficiary,in payment of any indebtedness matwed or�mmatured sectued by this Trust Deed.
<br /> 3. To keep aU bui!�ngs,fixhxes,attac)vnenis,and other improvements now on or hereafte�placed on the property occupiad and in good repair,
<br /> maintenance,and condition and w neither corturpt nor permit any acts oi waste or any irnpainnent of the value ot the property. Beneficiary may
<br /> enter upon the property to inspect the aame w to pertorm miy acts sutl�orized F�ein or in the lo�agreart�ent(sl.
<br /> 4. tn tha event Trusta(s)fa8s to pay arty fiens,judgmenu,asaessments,taxes,rerns,taes,or charges or maintnin arry instuance on the property,
<br /> buildmqs.Tnctwq.att�eMwnts.o:irt�uv�rr��ts q prov{dsd hsr�in or in tM Io�n sp�snwnc(al.9wwticl�ry,�t Ih optbn.may rnNc��ueh pay.n�ni�
<br /> or p�ovide irnurance,maintenanee,or ropaks end any emourrta paid theretot wUl become part ot tTie pnticipal indebtedness secured hereby, bo
<br /> immediately due and payable and bear interest at the detault rata provided'v�the rmte(s)Irom the date ot payment until paid.The advancement by
<br /> Beneticiary ot any such amotmts wiN in no manner limit the right oi Bene(iciary to declare Trustor(s1 m default or exercise any of Beneticiary's other
<br /> rights and remedres.
<br /> 5. In the eve�!ae�P��ciary is a party to any litigation atfecting the property or the lien o(th?�?%!e!�ed,including any action by BeneficiarY to
<br /> enlorce this Trust Deed or any suii in wh�h Beneficiary is named a defendant(including condemnation and bankruplcy proceedings)Benelic�ary
<br /> may incur expenses and advarece payments Ior abstract lees,attorneys(ees Ito the extent allowed by Iaw),costs,expenses, appraisal tees,a�d
<br /> other charges and any amotmts so advanced will become part ot the prmcipal indebtedness secured hereby,be immediataly due and payable anJ
<br /> bear interest at the default rate provided in the note(s)from the date oi advance vntil paid.
<br /> 6. Any awards made to Trustor(s)or their successors by the exercise of eminent domain are hereby assigned to BenefiCiary;and Beneliciary is
<br /> hereby authorized to collect and apply the same in payment of arry irxlebtedness,mature or unmatured,secured by this Trust Deed.
<br /> 7. In the event of de(ault in the payment when due of any sums secursd hereby(principal,interest,advancements,or protective advances►,or tailure
<br /> to periorm or observe any covenants and conditions contained herein,in tha rmte(s►,loan agreementlsl,or any other instruments,or any prceeedings
<br /> is brought under any Bankruptcy laws,Beneficiary, at its option,may decfare the entire indebtedness secured hereby to be immediatety due and
<br /> payable and the whole will bear interest at the de(ault rate as provided in the notels)and Bene(iciary may immediately authorize Trustee to exercise
<br /> the Power�t Sale granted herein in the marnier provided in the Nebraska Trust Deeds Act,or,at the option o(the Beneficiary, may foreclose the
<br /> Trust Deed in the manner provided by taw for the foreclosure ot mortgages on real property,including the appointment ol a Receiver upon ex parte
<br /> application, notice bein� hereby expressly waived, without �egard to the value ol the Property or the su(liciently thereot to discharge the
<br /> indebtedness secured hereby or in the loan agreement(s). Delay by Beneticiary in exercising rts rights upon detault will not be construed as a waiver
<br /> - thereof and any act of Beneticiary waiving any specified detault will not be consttued as a waiver o(any iuture default. If the prc:��eds under such
<br /> i sale or(oreclosure are insutticient to pay the!otal indebtedness secured hereby,Trustor�s)do hereby agree to be personally bound tu pay the unpaid
<br /> balance,and Beneticiary witl be entitled to a deficiency judgment.
<br /> 8. Sliould Beneficiary elect to exercise the Power of Sale granted herein, Beneticiary will notily Trustee who will reco�d, publish, and deliver to
<br /> Trustorlsl such Notice ot Detault and Notice ol Sate as then re4vired by law ancl will in the manner provided by Iaw,sell the property at the timQ
<br /> nnd place of sate fixeci in the Notice of Sale,either as e whole or�n separate bts,parcels,or items and in such order as Trustee will deem expedient.
<br /> Any person may bid at the sale including Trustorls),Trustee,or Beneficiary.
<br /> � 9. Trustorlsl hereby requests a copy oi any Notice of Detault or Notice oI Sale hereunder to be mailed by certiRed mail to Trustorlsl at the
<br /> addressles►set(orth herein.
<br /> 70. Upon detault.Beneficiary,either in person or by agent,with er witfiout txingirg any ection or proceed'ing and with or without regard to the value
<br /> ot the PropertY w the sufflciency thereot to discharge the indebtednesa secured he►eby.is authorized and entiUed to enter upon and take possessiwi
<br /> ot the prooertY in its own name or in ihe narne o(the Tnittae and do any acts a e�end my su+u it deertu necessary w desirable to protect w
<br /> presenre the vahie o(the ope�ty ormry mterest therein.or inerease the incame tl�eretran:and with or without
<br /> rs authorized to sva iw or otfiervnise copect the rents,issves,cr �^9 D���^of the property
<br /> ops.Orofits.and income tt�ereof.inck�ng tfiose pnst due and u+paid,and apply
<br /> the same upon any indebtedness secured hereby or in ihe banag�eemesitts).
<br /> No remecly herein conierred upon or reserved to Trustee or Beneticiary is iniended to be exclusive ot any other remedy herein or by law Prwided
<br /> w permitted,but each wiN 6e cixnulative,witt be in addition to every other rRa�edy given t►eretx�et or now or herealter existirg at law or m equity
<br /> or by statute,and may be exercised concurrentiy,independently or successive�y_
<br /> 11. Trustorls)acknowtedges that the duties and obligations oi Trustee vnll be determined solely by the express Qrovisions oi this Trust Deed or
<br /> the Nebraska Trust Deeds Act and Trustee will not be liable except(or the pertormance of such duties and obligatrons as are speciticalty set lortli
<br /> therei�, and no implied cove�ants or obligations will be imposed upon Trustee; Trustee witl not be liable tor any action by it in good faith anJ
<br /> reasonably believed by it to be authwized or wittun the discretion or nghts of powers conferred upon it by this Trust Deed or state law.
<br /> t2. The integrity and resportsibility of Trustorls)constitutes a part of the consideration tor the obligations secured hereby. Shoutd Trustorts)sell,
<br /> transfer,or convey the property described I�erein,without prior written cauent ol Beneficiary, Beneticiary, at its option,may declare the entire
<br /> indebtedness immediately due and payable and may proceed in the enforcement of its rights as on any other default.
<br /> 73. Assignment of Rents including Proceeds of Minerat Leases. Trustor(s►hereby assigns,transfers,and conveys to Beneficiary all rents,royalties,
<br /> bo�uses,and detay moneys or other proceeds that may(rom time to time become due and payable under any real estate lease e:u�der any od,gas,
<br /> gravel, rock,or other mineral lease of a�y ki�d'r.:..�ximg geotharmal resources now existing or that may herealter come into existence,covering
<br /> the property or any part thereof. AII such sums��recerved by Beneficiary will be applied to'the indebted�ess secured hereby;or Beneficiary, at
<br /> its option,may turn over and deliver to Trvstorls)or their s�cessors i�interesL a�y or all of such sums without prejudice to any ot Beneficiary's
<br /> rights to take and retain futvre sums,and witMut prejuclice to any oi its othet rights under this Trust Deed. This assignment will be construed to
<br /> be a provision fw ihe payment or reduction of the debt,svbject to the Beneficiary s option as he�ei�before provided,independent of the lien on the
<br /> property. Upon payment in full of the debt and the reconveyance of this T►vst Deed ot record,this assignment wilt become inoperative and ol no
<br /> I��rther force and elfect.
<br /> 14. This Trust Oeed constitutes a Security Agreement with respect to atl the property described herein.
<br /> 15. The covenants contained in this Trvst Deed will be deemed to be severable;in the event that any portion of thie Trwt Deed ia determined to
<br /> be vofd or umnlorceaWe.that determination will not allect the validity of the remaining portiona of the Trust Deed.
<br /> ��'��.�/��,� /rt�l� � « f�
<br /> INDtVIDUAL BORROWER ACKNOWLEDGMENT
<br /> STATEOF NEBRASKA �
<br /> COUNTV OF HAI'I' j g�
<br /> On thia �th day o� January , �g 99, �,etore me,a Notnry Pvblic,,personally appcar4d
<br /> Roger M. Happold and Shirley F. Happold, husband and wife
<br /> to me known to be the peraon(a)named in and who executed the foregoing instrument,and ecknow{edgad that they executed the same as
<br /> their �vh,ntary ect end deed.
<br /> ISEAII ��aM101isw 'l�...,l..r>/.
<br /> � IIONALD�.IE18�R 'L'
<br /> �Oem�Bq�,Nssfl,200t Ronald L. Reisez
<br /> My cammiss'w�expitee NOV. 11, 2002 fType name under signa�urel
<br /> Notery Publlc fn and(or sald County end Stete
<br /> � r
<br /> Ap A;p0157548; Primary Custome�IO N:00071998; CIF N:38316 Le�al Ooc.Oete:Jenusry O8, 1999
<br /> FORM 50�1,T�ust Deed end Aasipnment ol Rents „ _
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