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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 <br />