200301667
<br />Trustogs) will obtain and keep flood insurance in force to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act
<br />of 1968, as amended, and by regulations implementing the same. Trustorlsl further agree that Beneficiary is not and will not be liable for any failure
<br />by Trustorlsl or by any insurer, for whatever reason, to obtain and keep this insurance In force.
<br />3. To keep all buildings fixtures, attachments, and other Improvements now on or hereafter placed on the property eooupled and In good repair,
<br />maintenance, and condition and to neither commit nor parrot 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 ayreemellod)
<br />4. In the event Trustorlsl fails to pay any liens, judgments, assessments, taxes, rents, tees, or charges or maintain any Insurance an the property,
<br />buildings, fixtures, attachments, or improvements as provided herein or in the loan agreement(s), Beneficiary, at its option, may make such payments
<br />or provide insurance maintenance, or repairs and any amounts paid therefor will become part of the principal Indebtedness secured hereby, be
<br />immediately due and payable and bear interest at the default rate provided In the mnte(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 Tructor(s) in default or exercise any of BeneFlClary's other
<br />-rights and remedies.
<br />5. In the event Beneficiary is a party to any litigated affecting the property ar the Ilea of thus Trust Ooad, including any action by Beneficiary to
<br />enforce this Trust Deed or any suit in which Beneficiary i9 named a defendant (Including condemnation antl bankruptcy proceedings) Beneficiary
<br />may Innur expenses and advance payments for abstract fees, attorneys fees ([o the extent allowed by law(, costs, expenses, appraisal fees, and
<br />other charges and any amounts .an advanced will became part of the principal Indebtedness secured hereby, be Immed lately due and payable and
<br />bear interest at the default rate provided in the notele)from the date of advance until paid.
<br />6. Any awards made m Trusturls) or their successors by the exercise of eminent domain are hereby assigned to Beneficiary; and Berreficiary is
<br />hereby authorized to collect and apply the same In payment of any indebtedness, mature or unrtntered, secured by Iris Trust Deed.
<br />]. 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(s), loan agreements), or any other instruments, or any proceedings
<br />s brought under any Bankruptcy laws, Beneficiary, at its option, may declare the entire indebtedness s er. cared hereby to he immediately due and
<br />payable and the whole will bear interest the at the default rate as provided the retake and Beneficiary may Immediately authorize efici Trustee to lees, the
<br />n
<br />the Power of Sale granted herein in y l manner provided in the mortgages Trust Deeds Act, or, ie the option of the Benchal cry, may forceless the
<br />Trost Dead m the mbeing Provided by ass for the waived, without of mortgages on value property, Ir party Life a son dent of a thereof for upon rg paste
<br />appplication, notice being hereby expressly waived, without by Be a the value p�the property p the Sufficiently Ibe con to discharge the
<br />thereof and a secured hereby or In the loan any specified Delay will Beneficiary in exercising its rights upon future will not be proceeds as a waiver
<br />thereof and any act re Hsuff'ment Waiving any al indebtedness default will not he construed as a waiver of any future default. If the proceeds under such
<br />ale or foreclosure Ban are insufficient to pay the total indebtedness natured hnrehv, Trustnr s do hereby agree to he personally bound to pay the unpaid
<br />balance, and beneficiary will be ,der, c to a deficiency ale g rants
<br />8. Should such Notary elect fa exend N the Power
<br />Sal of Sale granted harem. Beneficiary d will will notify Trustee who will resold, publish, and deliver to
<br />and piece such Noxell of Default and Notice of Sale as then required by law s, p will in the manna presided by law, sell the property at the time
<br />and p ers of may fixed In the Notice of Sale, scar as a W hole or In separate
<br />nefici rIOI9, parcels, or Items and In such Oltle! a91la9tee Wl deem e%petllQllt. sale
<br />9. ruchon may bid at the sale a n,, p log Trustorlsl, Trustee, or Beneficiary.
<br />9. Trustorlsl hereby requests a copy of any Notice of Default or Notice of Sale hereunder to be mailed by certified mail to Trustorlsl at the
<br />10. Upon d fault, Be herein.
<br />of Upon default, Beneficiary, either in person or by the indebtedness with without bringing any action or zed proceeding antl with or without ragak to the salon
<br />of the property or the sufficiency [hereof to discharge the ste and o any act hereby, n authorized and entitled mn to enter upon and take protect r
<br />of the property in its own name or in the name of the Trustee and a any acts or therefrom; any sums it deems necessary or s session o to protect or
<br />preserve the value of the property se any interest therein, ue increase the 'income therefrom; and with or without taking possession of the properly
<br />is authorized n 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 (erred upon of reserved tl hereby ruin the loan ayyr ry is I s .
<br />or remedy harem conferred will b spun ur reserved to Trustee or Beneficiary is Intended i be exclusive of any ether remedy herein or by low an equity
<br />or ppermitted, but each will ex cumulative, will in addition en every other remedy given hereunder or now or hereafter existing at law or in equity
<br />or by statute, and may ed exercised concurrently, dutie intl goons of ru successively.
<br />he Trustorlsl acknowledges that the duties and obligations of Trustee will be rm determined nc solely ti the express provisions of this Trust Deed or
<br />the Nebraska Trust Deeds Art and Trustee will not he liable except for the performance
<br />steer Trust of such duties and oor an, ac io are it in good set lath
<br />reasonably and el implied covenants o obligations will be imposed upon Trustee; Trustee will not be liable for env eerier by it in good faith antl
<br />reaso
<br />nobly bet evetl by it to be authorised or within the discretion or rights to powers conferred upon it by this Trust Deed or state law.
<br />12. The or convey and a pr o arty lde of abed herein, , without t ri part of the consent of Bn Beneficiary, the , Beneficiary, secured hereby. Should True toms) sell,
<br />indebtedness convey the properly tlescribetl herein, without prior written consent of Beneficiary, n any oche at its option, may tledare the entire
<br />3. Assignor nt of Rents i 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. a to time hereby assigns, transfers, and conveys to Beneficiary all rents, ro oil, gas,
<br />bonuses, and delay moneys or other proceeds that may from time to time became due and payable under any real estate lease or eunder any oil, gas,
<br />g asst, rook, or other mineral lease f any kind including geothermal resources wax sting o that may hereafter re into existence, covering t
<br />the property y any part thereof. All such sum( so received ce Beneficiary will be applied to the indebtedness' secured hereby; or f Benecigiar at
<br />its option, may turn over and deliver to Trustorlsl or their successors in interest, any or all of such sums without prejudice to any be Beneficiary's
<br />rights to take and retain future sums, and wifh he prejudice to any he its other rights under this Trust Deed. This assignment will be construed to
<br />be a provision For the payment or reduction
<br />the d l debt of the a pee suhlent ce the his Trust ryyes .,,!on e or hethir, assignment provided, Independent of the Ilan on the
<br />Property. Upon payment In full of the debt and the reconveyance of this Trust fJeed of record, [hi.; aselynment will become inoperative and of no
<br />14. further This Tr and effect.
<br />14. This Trust Deed constitutes ti Security Agreement with red to be all the property described herein.
<br />15. The covenants one, that m this Trust Dead well be deemed to be sat the re: in the avert that any portion of this Trust Deed Is determined to
<br />be void or unenforceable, that determination will not affect the valitllty of the remaining portions of the Trust Deed,
<br />J INDIVIDUAL BORROWERACKNOWLEDO ENT
<br />STATE OF _,' A 1
<br />COUNTY OF OYLCr J ss
<br />0n Igla /• d y S P /�. before me, a Notary Pool lo, personally appeared "- lit <1
<br />Ntl. /l.l,G- if —r'a� og7� Oi ,or d7 "�-pTT
<br />(toAIm�e' 'kno n to be the partia l9l named in end who executed the foregoing instrument, and acknowledged that &WJ executed the same as
<br />l� voluntary act and dead. _ °_ -T
<br />OEERMOTAIl l of Ill
<br />(SEAL) PATRICIA L. PACULA
<br />Cana. ry.Nw.1,t006
<br />(type name under signature)
<br />My curarnacian expires Notary Public in and for said County and State
<br />Ain #: 00282465; Primary Customer ID #: 00102924; CIF #: 106683 Loyal Dec Dater January 28, 2003
<br />m
<br />FORM 5011, Trust Deed and Assignment of Rents I i C' Page 2
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