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g9 200405654 <br />ADVANCES IIN ANYUAMOUNTrATFANY THIS TIME, WHETTHER OR NOT THE TOTALTPRINCIPAL INDEBTEDNESS FURTHER OR <br />ADVANCED. ADDITIONAL NOT <br />This Trust Dead will be due June 01. 2024. ° <br />Trusters) hereby warrants that Trtatorlsl holds fee simple title to the above described property, that Trustorls) has good and lawful authority to <br />deed and encumber the same, that the property is free and clear of all liens and encumbrances, except encumbrances of record, antl that Trustorls) <br />will warrant and defend the property, at Trustor(s) expense, against all claimants whomsoever. Trustorls) also hereby waives and relinquishes all <br />rights of dower, homestead. distributive share, and exemption in and to the above described property. <br />This trust deed secures more than one note. In the event of default under any note, all notes will be considered to be in default and the Beneficiary <br />may exercise the remedies provided herein in satisfaction of all notes. <br />Trustorls) and each of them further covenants and agrees with Beneficiary as follows: <br />1. To pay all Ilens,'udgmenw, or other assessments against 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 privilege assigned to Beneficiary as additional security to this Trust Deed, including those in or <br />pp bbc domain. <br />2 To insure and keep insurdd builtlings antl ether Imp�ravaments mcclludinq fixtures and attachments now on or hereafter placed on the property to <br />_ _ end ..aired wi h R— er.iarv. and endorsed with lose payable c aus to <br />]. <br />to <br />to <br />or <br />to <br />e party io. -any litigation affecting the propery or the lien of <br />y is not and will not be liable for any tailure <br />the property occupied and in good repair, <br />Is value of the property. Beneficiary may <br />ly Insurance on the property, <br />successors by"the exercise of eminent domain are hereby assigned to Beneficiary; and Beneficiary is <br />ame in eyment of any ind`btedness, mature or unmatured, secured by this Trust Deed. <br />_ _P_ .. ____ ___ ._ e.a .....:... i— :,, r -1 an,,.nenmanm. or mtective advances), or failure <br />ax ant cnm w... oe .1111—a mu w a orv- ...... <br />erase . <br />the Power of Sale granted herein, Beneficiary will rely Trustee who will record, publish, and deliver to <br />It and Notice of Sale es then required by law and will in the manner provided b law, sell the properly at the time <br />lice of Sale, either as a whole or In separate lots, parcels, or items and In such orrier as Trustee will deem expedient. <br />including Trustorls), Trusted, or Beneficiary. <br />a copy of any Notice of Default or Notice of Sale hereunder to he mailed by certified mail to Trustorls) at the <br />ither in person or by agent, with or without bringing any action or proceeding and with or without regard to the value <br />I thereof to discharge the Indebtedness secured hereby, is authorized and entitled to enter upon and take possession <br />or In me name of the Trustee and do any acts or expend any sums it deems necessary or desirable to protect or <br />y or In me loan s re <br />I Trustee or Bene Idiary is intended to be exclusive of any other remedy herein or by law provided <br />e in addition to every other remedy given hereunder or now or hereafter existing at law or In equity <br />ly, independently or successively. <br />1d obligations of Trustee will he date mined solely by the express provisions of this Treat Deed or <br />not be liable except for the performance of such duties and obligations as are specifically set forth <br />.- ..:_....ee . ..,.,, T-- Tr::cme will not be liable for any action by it in gooG faith and <br />to Trustor(s) or <br />may <br />or <br />e Voylna:u o, m ............ ... ............ ...r... <br />I Visit. 1.1 Upon payment in full of the debt and the raconvoyance of this Trust sad of record, this assignment will stoma inoperative and o no <br />Pen and effect. <br />s Trust Deed constitutes a Security Agreement with respect m all the property described herein. <br />ve bant6 contained in this Trust Dead will be doomed to be severable; In the event that any portion of this Trust Deed is determined to <br />or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed. <br />The Fivva -S Corporation, <br />AA, Corporation <br />lP'4ir) <br />/a <br />By /! �_:1 frt <br />rat �a f <br />9 By <br />rs a[xtsr, ecmtsry�Q}� <br />rat axw, <br />Ga a axter <br />CORPORATE BORROWER ACKNOWLEDGMENT <br />STATE OF NEBRASKA <br />I <br />COUNTY OF HALL <br />1 ss <br />7th <br />JUTO 2004 <br />before me, a Notary Public, personally appeared <br />On this _ day of <br />- <br />, <br />Bret Baxter <br />to me known to be the person named in and who executed the foregoing instrument, who did say that hslehe is PreSlaen[ of <br />the corporation; that the Instrument was signed on behalf of the corporation by authority of its board of directors; and acknowledged the execution <br />of the instrument to be the voluntary act and deed of the corporation by it and by him/her voluntarily executed. <br />Ap #: 003388]2; Primary Customer ID #: 00110898; CIF #: 118902 Legal Doc. Date: June 07, 2004 <br />FORM 5011, Trust Deed antl Assignment of Rents Page 2 <br />