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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 <br />