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g�_ s�s1S8 <br /> Trustorls)and each of them further covenants and agrees with Beneficiary as follows: <br /> 1. To pay all liens,judgments,or other assessments ayainst the property,and to pay when due all assessments,taxes, rents,fees,or charges upon <br /> the property or under any lease,permit, license,or pnvilege assigned to Beneficiary 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 ort or hereafter placed on the property to <br /> the satistaction of Beneficiary. Such insurance will be approved by and deposited with Beneficiary, and endorsed with loss payable clause to <br /> Beneficiary. Any sums so rece�ved by Beneficiary may be used to pay for reconstruction of the destroyed improvements or if not so applied may <br /> be applied, at the option of Beneficiary, in payment of any indebtedness matured or unmatured secured by this Trust Deed. <br /> 3. To keep all buildings, fixtures, attachments, and other improvements now on or hereafter placed on the property occupied and in good repair, <br /> maintenance, and condition and to neither commit nor permit any acts of waste or any impairment of the value of the property. Beneficiary may <br /> enter upon the property to inspect the same or to perform any acts authorized herein or in the loan agreement(s►. <br /> 4. In the event Trustorls) faiis to pay any liens,judgments,assessments,taxes,rents,fees, or charges or maintain any insurance on the property, <br /> buildings,fixtures,attachments,or improvements as provided herein or in the loan agreement(s►,Beneficiary,at its option,may make such payinents <br /> or provide insurance, maintenance, or repairs and any amounts paid therefor will become part of the pnncipal indebtedness secured hereby, be <br /> immediately due and payable and bear interest at the default rate provided in the note(s) from the date of payment until paid.The advancement by <br /> Beneficiary of any such amounts will in no manner limit the right of Beneficiary to declare Trustor(s)in default or exercise any of Beneficiary's other <br /> rights and remedies. <br /> 5. In the event Beneficiary is a party to any litigation affecting the property or the lien of this Trust Deed, including any action by BeneficiarY to <br /> enforce this Trust Deed or any swt in which Beneficiary is named a defendant (including condemnation and bankruptcy proceedings) Beneficiary ' <br /> may incur expenses and advance payments for abstract fees, attorneys fees (to the extent allowed by law►, costs, ex�enses, appraisal fees, and i <br /> other charges and any amounts so advanced will become part of the principal indebtedness secured hereby, be immediately due and payable and 'i <br /> bear interest at the default rate provided in the notels) from the date of advance until paid. <br /> 6. Any awards made to Trustor�s) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is <br /> hereby authorized to col�ect and apply the same in payment of any indebtedness, mature or unmatured, secured by this Trust Deed. <br /> 7. In the event of default in the payment when due of any sums secured hereby(principal,interest,advancements,or protective advances�,or failure <br /> to perform or observe any covenants and conditions contained herein,in the note(s1,loan agreement(s1,or any other instruments,or any proceedings <br /> is brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness secured hereby to be immediately due and <br /> payable and the whole will bear interest at the default rate as provided in the notels)and Beneficiary may immediately authorize Trustee to exercise <br /> the Power of Sale granted herein in the manner provided in the Nebraska Trust Deeds Act, or, at the option of the Beneficiary, may foreclose the <br /> i'rust►�eed irt ttr�manner proviaed by taw To�-tts€t6rec16sure of�gages on real prope�ty;inc�udng tF�appoin�menf of�a Receiver upon ex parte <br /> application, notice being hereby expressly waived, without regard to the value of the property or the sufficientiy thereof to discharge the <br /> indebtedness secured hereby or in the ioan agreementlsl. Delay by Beneficiary in exercising its nghts upon default will not be 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,Trustorls)do hereby agree to be personally bound to pay the unpaid <br /> balance, and Beneficiary will be entitled to a deficiency judgment. <br /> 8. Should Beneficiary elect to exercise the Power of Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to <br /> Trustorls) such Notice of Default and Notice of Sale as then re9uired 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 person may bid at the sale including Trustor(s►, Trustee, or Beneficiary. <br /> 9. Trustor(s) hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustor�s) at the <br /> addressles) set forth herein. <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 <br /> of the property or the sufficiency thereof to discharge 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 /> is 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 same upon any indebtedness secured hereby or in the loan agreement(s1. <br /> No remedy herein conferred upon or reserved to Trustee or Beneficiary is intended to be exclusive of any other remedy herein or by law Provided <br /> or permitted,but each will be cumulative, will be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity <br /> or by statute, and may be exercised concurrently, independently or successively. <br /> 11. Trustor�s) acknowledges that the duties and obligations of Trustee will be determined solely by the express provisions of this Trust Deed or <br /> the Nebraska Trust Deeds Act and Trustee will not be liable except for the performance of such duties and obligations as are specifically set forih <br /> therein, and no implied covenants or obligations will be imposed upon Trustee; Trustee will not be liable for any action by it in good faith and <br /> reasonably believed by it to be authorized or within the discretion or nghts 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 secured hereby. Should Trustorls) sell, <br /> transfer, or convey the property described herein, without prior written consent of Beneficiary, Beneficiary, 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 /> 13. Assignment of Rents including Proceeds of Mineral Leases. Trustor(s)hereby assigns,transfers,and conveys to Beneficiary all rents,royalties, <br /> bonuses,and delay moneys or other proceeds that may from time to time become due and payable under any real estate lease or under any oil,gas, <br /> gravel, rock, or other mineral lease of any kind including geothermal resources now existing or that may hereafter come into existence, covenng <br /> the property or any part thereof. All such sums so received by Beneficiary will be applied to the indebtedness secured hereby; or Beneficiary, at <br /> its option, may turn over and deliver to Trustorls)or their successors in interest,any or all of such sums without prejudice to any of Beneficiary's <br /> rights to take and retain future sums, and without prejudice to any of its other rights under this Trust Deed. This assignment will be construed to <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. Upou payment in tull of the debt and the reconveyance of this Trust Deed of record; this assignment wilf become inoperative and of no <br /> further force and 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 /> SONDRA KAY JONES REVOCABLE TRUST <br /> B� LGCf �`i��„l� <br /> , ru ee <br /> TRUSTEE ACKNOWLEDGMENT <br /> STATE OF NEBRASKA ) <br /> COUNTY OF ADAMS ; ss <br /> On this 17�• day of �Y 1 before me a Notar Public, personally appeared S�hYtclr"�. Kc�,(,/ <br /> h <br /> Jan es,, ci Si�I,e.�'�pi.lTrusteels) for �he RA KA� JONE� Revocable Trust <br /> tq me known to be the person�s) named in and who executed the foregoing instrument, and acknowledged that S e executed the same as <br /> ner voluntary act and deed as such Trusteels) for the purposes therein mentioned. <br /> h <br /> (SEAL) <br /> 6ENERIII N e af Nabraska � R A M S.'�LL NGER � <br /> RITA M.SALLINGER (Type name under signatuieJ <br /> My commission expires m.Fxp.May 13,2002 Notary Public in and for said C nty and State <br /> ,^�yF,� <br /> ! ' ��`.,"y� „.. d''� <br /> Ap�l:00169785; Primary Customer ID�l: 00005342; CIF #: 62390 Legal Doc. Date: May 17, 1999 <br /> FORM 5011,Trust Deed and Assignment of Rents Paae 2 <br />