200303779
<br />Tros[orls') hereby warrants that Trustorlsl holds fee simple title to the above described property, that Trustorsl 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, and that Tra tprl_al
<br />will warrant and defend the property, at Trustorlsl expense, against all claimants whomsoever. Trustorlsl also hereby waves and relinquishes all
<br />rights of dower, homestead, distributive share, and exempt ion in and to the above described property.
<br />Trustorlsl and each of them further covenants and agrees with Beneficiary as follows:
<br />1. To pay .11 111 judgments, an piper 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 pnvilage assigned to Beneficiary as additional security to this I rust Deed hlduding those In or
<br />on public chosin.
<br />2. To insure and keep Insured buildings and other improvements including fixtures and attarhmoms now on or hereafter placed on the property to
<br />the satisfaction of Beneficiary. Such insurance will be approved by and parapeted with Beneficiary, and endorsed with loss payable clause to
<br />Beneficiary. Any sums so received by Banefic ary may be used to pay for reconstruction Of the destroyed improvements ar If not so applied may
<br />In applietl, et the option of Be toe less, in payment of any indebtedness c matured h wiI or of the collateral, severed by this Trust Deed. Such insurance will de
<br />Dint at least equal to the lesser of e, lightning, loan balance, the actual cash value of the collateral, a the replacement cost of da Uroperly, antl
<br />Trill at a minimum, cover losses caused by tire, n fce t cover losses riot, aircraft, s required vandalism, civil commotion, smoke, o d Incur and hall.
<br />w
<br />T ustorls( will obtain and keep flood insurance in force to cover losses or flood as agree Reneflcary and by the National Flab Insurance Act
<br />of 196$ a r by and by r, for inns implementing the same. Trustorlsl further agree (ha( ecnoflviary is not and will not be liable for any failure
<br />by Trustorlsl n by any ,fixture for whatever cuts, asnm to r obtain
<br />imps antl keep this Insurance In torte.
<br />3. To keep sll buildings, fixtures, neith r tom and other improvements now on or hereafter placed on the properly occupied and In good repair,
<br />'e, Il the and condition and to he same commit nor rm Earmit
<br />an au acts of waste et any impairment of the value of the property. Beneficiary may
<br />enter then the property to Inspect the same s, to perform any acts authorized taxes, berets or in the ban agree, maintain 4. n the fi,u— , o Wls) fails m pay any Plane, s as menu, d assessments, herein taxes, agraa fees, r,L O arnefo fir mat its In arty'insurance , I the payment,
<br />mnasm�, n.mrn� nuncnmrnts o improvements as provided herein earn the loan aoreemenbsl. Buncficiarv, at its dptioo, may make such payments
<br />lance,
<br />of
<br />repairs and r
<br />and bear interest on,
<br />tits will In no o mon manner lit
<br />5. In the event Renefiniary Is a party to
<br />enforce this Trust Deed or any suit In w
<br />may incur expenses and advance I
<br />other charges and any amounts so
<br />hear Imarest at the default rate art
<br />6. Any awards made to Trustorls
<br />hereby authorized to collect and al
<br />]. In the event at default In the pay
<br />to perform or observe any covenant
<br />x brought under any Bankruptcy It
<br />payable and the whole will bear Inn
<br />the Power of Sale granted herein It
<br />Trust Deed In the manner provided
<br />appplication, notice being hereby
<br />Inc emedness secured hereby or In
<br />thereof antl any at of Beneficiary
<br />sale or foreclosure are ins uffl cont t
<br />balance. and Beneficiary will be or
<br />any litigation affecting t
<br />rich Beneficiary is name
<br />its for ahsvant fees, art
<br />cod will become part of
<br />in the colds) from the c
<br />air successors by the ex
<br />a same In payment of or
<br />It at the ad
<br />e
<br />manned
<br />law for tha
<br />sly won
<br />cart annual
<br />I resterog such Notice al Us l cult and Notice oT loan as Tnen required by if
<br />and place of sale fixed in the Notice of Sale, either as a whole or in somermr
<br />Ad, Econo me, bid at the said including Trustorlsl. Trustee, or Beneficial
<br />9. Treadmill hereby requests a copy of any Notice of Default or Nabc
<br />10. bat forth
<br />t Upon default, the ien either In parson h rg the i with d without
<br />of the property or the Own name thereof to discharge the Indebtedness any
<br />of the property u its own name orb then of the Truorcc and e any
<br />iauth preserve the value of the property to any Interest therein, issues, the t
<br />acome p n any for bt doe secured ike tents. the efOps, eel
<br />Is ' IwSP
<br />the same upon any indebtedness secured hereby r in the loan aqa far, I.
<br />a, a remedy herein conferred upon or reserved be Trustee or t oevery t Is
<br />or permitted, but each will ex cumulative, will tl in addition to every cutup
<br />or . arappo and n may ed es that t concurrently, aeations f Of tee o
<br />rt
<br />its Tbraska j acknowledges that the tee duties and obligations of Trustee e
<br />the Nebraska Trust Deeds Act and Trustee will not be liable except for the
<br />therein, and no implied covenants nr obligations will be imposed upon T
<br />Integrity and responsibility of Trustorls) constitutes
<br />or convey the property described herein, without 1
<br />Assignment of Rents Including Proceeds of Minei
<br />ruses, and delay prays or other proceeds that an
<br />gel, rock, or other mineral of. of any kind Ind i
<br />property may any part thereof. All such sums so
<br />option, may turn over and deliver to Trustorlsl or
<br />its r take and stain future sums, and without r
<br />a pro rams''mn for the payment or reduction of the e
<br />The advanced, contained In this Trust Dead will
<br />void or unenforceable, that determmatlon will not
<br />of
<br />is note(s) from the date of payment until paid- The advancement by
<br />to declare Trustorlsl In default or exercise any of Beneficiury'u other
<br />n the lien of this Trust Deed,' including any action by Beneficiary to
<br />t (Including condemnation and bankruptcy pordar ingsl Beneflmary
<br />to the extent allowed by law(, vats, expanses, appraisal fees, and
<br />indebtedness secured hereby, be immediately due and payable and
<br />me umil paid.
<br />cent domain are hereby assigned to Beneficiary; and Beneficiary is
<br />mu Wre a unmaturad, secured by this Trust Dead.
<br />( principal, Interest, advancements, or protective advances), or failure
<br />slat. Ivan anraement(s). or any other Instruments, or any oroccommay
<br />notmad and Beneficiary may Immediately authorize I refuse to ex
<br />par Deeds Act, or, at the option of the Beneficiary, may foredo:
<br />on real property, including the appointment of a Receiver upon ex
<br />to value of the property or the sudlinceriLly thanot to diseharg
<br />art in exercising its rights upon default will not be construed as u v
<br />Beneficiary will marty Trustee who will heard, publish, and deliver to
<br />v and will in the manner provided by law, sell the properly at the time
<br />ors, parcels, or items and in such order as Trustee will deem expectant.
<br />of Sole In emperor to be mailed by certified mall to Trustorlsl at the
<br />ringing any action or proceeding and with or without regard to the value
<br />red hereby, Is authorized and entitled to enter upon and take pussessien
<br />tots or expand any sums It deems necessary or desirable to protect or
<br />;omc therefrom; and with or without taking possession of the property
<br />and (mime lhemob including those past due and unpaid, and apply
<br />IU
<br />tended to be exclusive of any other remedy Imroln or by law provided
<br />medy given hereunder or now or hereafter existing at law or in equity
<br />I be determined solely by the express provisions of this Trust Deed or
<br />cuter tunas of such duties and obligations as are specifically set forth
<br />(steel Trustee will nut be liable for any action by it in plead faith and
<br />of powers conferred upon it by this Trust Dead or state law .
<br />os'damtron for the obligations secured hereby Should Trusturlp) cullr
<br />uitten consent of Reneflciary, Beneficiary, at its option, may declare the entire
<br />enF reoment of its rights as ea an, other default.
<br />ustor(s) hereby assigns, tramplers, and conveys to Beneficiary all rents, royalties,
<br />o time become due and payable under any real acted, lease or under any oil, gas,
<br />rail now existing or that may hereafter come Into existence, covering
<br />e
<br />nef ary will be applied to the indebtedness secured hereby; or Baneticlary, at
<br />ors In
<br />I n larost, any or all of such sums w'ahme prejudice to any of Beneficiary's
<br />of Its other rights under this Trust Deed. This assignment will ha construed to
<br />the Beneficiary's option as behinbefore provided, Independent of the lien on the
<br />of this Trust Deed of record, this assignment will become Inoperative and of no
<br />st to all the property described hereln.
<br />s be severable: in the event that any portion of this Trust Dead La determined to
<br />lofty of the remaining portions of did Trust Fred.
<br />�hrLHARGE �.p�� C
<br />INDIVIDUAL BORROWER AOKNOWLEDGMEN
<br />STATE OF NEBRASKA I
<br />1 as
<br />COUNTY OF HALL 1
<br />Dome 28Lh day of March 2003, before me, a Notary Public, personally appeared
<br />Ronald G. Etargens a single person
<br />to me known to be the fearsome) named In and who executed the foregoing Instrument, and acknowledged that 1Te executed the same as
<br />his voluntary act and deed,
<br />(SEAL)
<br />GENERAL NOTARY- State Of Nebraska Echo Alcorn
<br />'III ECHO ALCORN
<br />My Comm. Eip. MzrCrl 21, 2006 (Typo name under signature)
<br />Ap'g: 00301133; Primary Customer ID N. 00043705; OF N: 109513 Legal Doc, Date: March 28, 2003
<br />FORM 501 I, Trust Deed and Assignment of Rents dead 2
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