|
200400772
<br />includingg fixtures end attachments now on or hereafter placed on the property to
<br />I by antl deposited with Beneficiary, and or, .ad with loss payable clause to
<br />o pay for reconstruction of the destroyed improvements or if not se prelied may
<br />is. Trusterlsl further agree that Beneficiary is not and will not be liable for any failure
<br />and keep this Insurance in force.
<br />roverrents now on or hereafter placed on the property occupied and In good repair,
<br />any acts of waste or any impairment of the value of the property. Beneficiary may
<br />acts authorized herein or in the loan agreemengs6
<br />:essmants. taxes, rents, fees, or champs or maintain env insurance on the property.
<br />e antl bear interest at the default rate provided in the note(s) from the date of payment until Palo. The advancement by
<br />ante will in no manner limit the right of Beneficiary to declare Trustorlsl in default or exercise any of Beneficiary's other
<br />is a party to any litigation effecting the propperty or the lien of this Trust Deed, including any action by Beneficiary to
<br />my suit in which Beneficiary is named a dofendant (including condemnation and bankruptcy proceedings) Beneficiary
<br />1s1 or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is
<br />apply the some in payment of any indebtedness, mature or unmeturetl, secured by this Trust Deetl. n
<br />iv t when due of anv sums secured herebv doncioal. interest, advancements, or protective advances). or failure
<br />at
<br />indebtedness secured herebyy or in the loan a9rem
<br />eent(s). Delay by Beneficiary in exercising its rights upon default will not he construed as a waiver
<br />thereof and any act of Beneficiary waiving 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, Trustorlsl do hereby agree to be personally bound to pay the unpaid
<br />balance, and Beneficiary will be entitled to a deficiency judgment.
<br />S. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to
<br />Truster(a) such Notice of Default and Notice of Sala 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 pparson may bid at the sale including Trustorlsl, Trustee, or Beneficiary.
<br />S. Trustogs) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trusterlsl at the
<br />address(es) set forth herein.
<br />10. Upondefault, Beneficiary, either in person or by agent, with or without bringing any action orproceading and with or without regard to the value
<br />of the properly or the sufficiency thereof to disc haired 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 />s 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 sam0 u To h any indebtedness secured hereby or in the loan agreementls).
<br />No romedy herein conferred upon or reservetl to Trus[ea or Beneficiary is in[endatl to he exclusive of any other remedy herein or by law I'ltied
<br />ar perminY6 but each will be cumulative, will be in addition to every other remedy given hereunder re now or hereafter exis➢ng at law or in equity
<br />or by statute, and may be exercised concurrently, independondy or successively.
<br />11. Trustorlsl acknowletlgas that the tluties antl obligations of Trustee will be determined solely by the expross provisions of this Trust Deed or
<br />the Nebraska Trust Deeds Act antl Trustee will not be liable except tar the performance of such dubas end obligation as am specifically set lorth
<br />therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will net be liable for any action by it in good faith and
<br />M
<br />do ant of Rents s or other proceeds that Mineral Lessee. Trustorlsl hereby assigns, payable and conveys to Beneficiary all rents, royalties,
<br />delay moneys or other proceeds that may from time to time become due and payable ender any real estate lease or under any od, gas,
<br />or other mineral lease of any kind Including geothermal resources now existing or that may hereafter came into existence, covering
<br />or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at
<br />be a provision for the payment 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 antl 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 />olfTd7Rings a vF 9s ey /
<br />INDIVIDUAL BORROWER /NOW EDGMENT
<br />STATE OF NEBRASKA 1
<br />COUNTY OF HALL i as
<br />On this 23rd day of January 2004 , before me, a Notary Public, personally appeared
<br />Donald J. Kingsley and Joyce M. Kingsley, hsuband and wife
<br />to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as
<br />their voluntary act and deed.
<br />GENERAL NOTARY - St* M Nebraska
<br />ECHO ALCORN
<br />(SEAL) My Comm. Fkp. March 21, 2006- u— ° ^"�
<br />�GI'1c7 A � C,, r
<br />(Type name under signature)
<br />My communion expires Notary Public in and for said County and State
<br />Ap #: 00328260; Primary Customer ID #: 00096463; CIF #: 99107 Legal Doc. Date: January 23, 2004
<br />FORM 5011, Trust Deed and Assignment of Rents Page 2
<br />
|