200406934
<br />of Beneficiary, in
<br />1.1 to the lesser !
<br />4. In the event Truderho taus to pay any liens, judgments, assesen
<br />buildings, fixtures, attachments, or improvements as provided herein
<br />or provide insurance, maintenance, or repairs and any amounts pa
<br />immediately due and payable and bear interest at the default rate pm
<br />The advancement by Beneficiary of any such amounts will in no met
<br />of Bnedfimary's other rights and remedies.
<br />S. In the event Beneficiary is a party to any litigation affecting the
<br />enforce this Trust Deed or any suit in which Beneficiary is named I
<br />may incur expenses and advance payments for abstract fees, alter
<br />other charges and any amounts so advanced will become part of th
<br />bear interest at the default rate provided in the note(sl or credit agr
<br />B. Any awards made to Trundle) or their successors by the astir
<br />hereby authorized to collect and apply the same in payment of any
<br />]. In the event of default In The payment when due of any sums seem
<br />to perform or observe any covenants and conditions contained h
<br />proceedings is browg ht under any Bankruptcy laws, Beneficiary, at it
<br />due and pa able and the whole w ill bear interest at the default rate u
<br />authorize Trustee to exercise the Power of Sale granted herein in t
<br />Beneficiary, may f rreclosethe Trust Deed in the manner provided by
<br />of a Receiver upon ex parts application, notice being hereby express
<br />to discharge the indebtedness secured hereby or ,n the loan
<br />construed as a waiver thereof and any act of Beneficiary we agree
<br />iving e
<br />the proceeds under such sale or foreclosure are Insufficient to pay th.
<br />bound m pay the unpaid balance, and Beneficiary will be entitled tc
<br />8. Should Beneficiary elect to exercise the Power of Sale granted
<br />Trustorlsl such Notice of Default and Notice of Sale as then requirt
<br />end place of sale fixed in the Notice of Sale, either as a whole arm at
<br />Any person may bid at the sale including Trustorlsl, Trustee, or Be
<br />8. Trustorls) hereby requests a copy of any Notice of Default or
<br />atldress(asl set forth herein.
<br />10. Upon default, Beneficiary, either In person er by agent, with or m
<br />of the property or the sufficiency thereof to discharge the lntlebtatlne
<br />pf the property in Its 0w0 Oame of in the name of the TfuS199 Bad
<br />Preserve the value of the prop arty or any Interest therein, or (tenses
<br />a authorized to sue for or otherwise collect the rents, Issues, crop
<br />he same apon any Indebtedness secured hereby or in the loan agge
<br />No remedy herein conferred upon or reserved to Trustee or Benaf'lo
<br />or permitted, but each will be cumulative, will be is etldItI. to over
<br />or gy statute, and may be axer 'a d concurrently, intleperafta,y al
<br />11. Trustogsl acknowIad .a that the duties and obligations of Tn
<br />the Nebraska Trust Deeds Act and TToaida will not be liable except
<br />therein, end cT Impbetl covenant. or obligations will ba Imposed
<br />reaann M1ly hellevetl by II to be authorized or within the discretion t
<br />let agree that Beneficiary is not and will not be usual for any nature
<br />ounce in force.
<br />or hereafter placed on the property occupied and in good repair,
<br />or any impairment of the value of the property. Beneficiary may
<br />claim or in the credit agreemeni
<br />rents, fees, or charges or maintain any insurance on the property,
<br />eoreemxetfsl. Benefinarv. at its action, may make such payments
<br />or the lien of this Trust Deed, including any action by Beneficiary to
<br />it (including condemnation and bankruptcy proceedings) Beneficiary
<br />Ito the extent allowed by law), costs, expenses, appraisal fees, and
<br />I indebtedness secured hereby, be round lately due and payable and
<br />tram the data of advance until paid.
<br />ixent domain are hereby assigned to Beneficiary; and Beneficiary is
<br />less, mature or unmatured, secured by this Trust Deed.
<br />araat advancements. or protective advances), or failure
<br />d, without regard to the value of the property or the sufficiently thereof
<br />Delay by Beneficiary in exercising its rights upon default will not be
<br />tied default will not be construed as a waiver of any future default. If
<br />debtetlness secured hereby, Trustorlsl do hereby agree to be personally
<br />ncy
<br />judgment,
<br />3enafmlary will notify Trustee who will record, publish, and deliver to
<br />u and will in the manner provided by law, sell the property at the time
<br />at.. parcels, or items and in such order as Trustee will deem expedient.
<br />of Sale hereunder to be mailed by certified mail to Trustogsl at the
<br />ringing any action or proceeding and with or without regard to the value
<br />'ed hereby, Is authorized and entitled to enter upon and take possession
<br />lots or expend any some it deems necessary or desirable to protect or
<br />;oroe therefrom; and with or without taking possession of the property
<br />i, and Income thereof, including those past due and unpaid, and apply
<br />fl.
<br />denied to be exclusive of any other remedy herein or by law provided
<br />ready given hereunder or now or hereafter existing at law or in equity
<br />lively.
<br />be determined solely by the express provisions of this Trust Deed or
<br />performance of such duties and obligations as are specifically set forth
<br />Istee; Trustee will not be liable for any action by it in good faith and
<br />of powers conferred upon it by this Trust Deed or state law .
<br />pnsideration for the obligations secured hereby. Should Trustogsl self,
<br />neat of Beneficiary, Beneficiary, at its option, may declare the entire
<br />meet of its rights as on any other default.
<br />ereby assigns, transfers, and conveys 10 Beneficiary all rents, royalties,
<br />come due and payable under any Taal estate lease or under any oil, gas,
<br />gravel, rock, or other mineral lease of an kmtl indudmg 9con a nts' resources now e.��.,, �e �, .,,o. ,,,or ,,.. _..,.... _ - .__. ha
<br />the property or any part thereof. All sucX sums so renewed by Beneficiary will be applied to the intlebtetlnass secured hereby; or Beneficiary, at
<br />its option, may [urn over and deliver m Trustogsl or their successors in Interest, any or all of such sums without Wejudice to any of Beneficiary's
<br />'gms to take and retain tutors sums, and without prejudice to any of its other rights under this Trust Deetl. This sad gnma. will ba construed no
<br />be a provision for the payment or raIII tion of the debt, subject [o the Beneficiaryy s option as hereinbefpre provitletl, independent of the Ilan on the
<br />property. Upon pa meat In full of the debt and the reconveyence of [his Trust Ileetl of record, [his assignment will become inoperative and of no
<br />further force and effect.
<br />14. This Trust Oeetl constitutes a Security Ayreoment with respect to all the property described herein.
<br />15. The covenants contained in this Trust Deed wd1 be deemed to be severable; in the event that any portion of this Trust Deetl is determined to
<br />bed or unenforceable, that determination will not affect the validity of the remaining portions of the Trust Deed.
<br />o art r ono a r
<br />INDIVIDUAL BORROWER ACKNOWLEDGMENT
<br />STATE OF NEBRASKA $s
<br />COUNTY OF HAT Jr I
<br />L
<br />On this P{f— day of July 2004, before me, a Notary Public, personally appears
<br />Robert L Mader, a /k /a Robert Mader, and Nancy L Mader, husband and wife
<br />to me known to be the persons) named in and who executed the foregoing instrument, and acknowledged that they_ executed the same as
<br />their voluntary act and deed.
<br />(SEAL) G=sf;I Qfv
<br />6 GENERA. NOTARY - St* d Ne6raalm
<br />�q I KATHERINE G. SCHULTE
<br />My Comm. Exp. May 29,2005 !Type name under signature)
<br />My commission expire. Notary Public in and for said County and State
<br />Ad #: 00345815; Primary Customer ID #. OOOfi]450; CIF #; 56829 Legal Doc. Date: July 14, 2004
<br />FORM 5011, Trust Dead and Assignment of Rents Page 2
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