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and other <br />^plle amount at th <br />at <br />at immur <br />upon <br />the e <br />20020130 <br />provements including fixtures and attachments now on or hereafter placed on the property to <br />be approved by and deposited with Beneficiary, and endorsed with less payable clause to <br />ey be used to pay for reconstruction of rho destroyed improvements or If not so applied may <br />f any Iretrogress matured or unmatured secured by this Trust Deed. Such Insurance will be <br />balance. the actual cash value of the collateral, or the replacement cost of the property, and <br />ng explosion, riot, aircraft, vehicles, vandalism, civil commotion, smoke, windstorm, and hall. <br />a to cover losses by flood as required by Beneficiary and by the National Flood Insurance Act <br />rg the same, Trustorisl further agree that Beneficiary Is not and will not be liable for any failure <br />,to obtein and keep this Insurance In force. <br />other improvements now on or hereafter placed on the property occupied and in good repair, <br />or permit any acts of waste or any Impairment of the value of the property. Benefidary may <br />dorm any acts authorized herein or in the loan agraementls). <br />nen te. a s esemairm. taxes, rents fees, or charges: ar maintain any insurance on the property, <br />medialely doe and payable and bear Interest at the detault rate pr <br />Bpm,d. ry of any such amounts will in no manner limit the right of E <br />rights and remedies. <br />5. In the event Beneficiary is a party to any litigation affecting the <br />enforce this Trust Deed or any curt In which Beneficiary is named <br />may incur expenses and advance payments for abstract fees, after <br />other charges and any amounts se advanced will become part of th <br />bear interest at the detach rate provided in the noois)from the dot <br />6. Any awards made to Toppers) or their successors by the exer <br />hereby authorized to collect and apply the same in Payment of any <br />]. In the event of default in the payment when due o any sums secs <br />to o!=m or observe any covenants and conditions contained harem <br />.- F.,...,. r i... e. env Rookie rose. laws. Beneficiary, at Its option, er <br />thereof and any act at benouceary war vm any <br />sale or foreclosure ere insufficient to pay <br />balance, and Beneficiary will be entitled to a d <br />Truttnrlsl) such Nonce alert efault and N Notice o <br />and place of sale fixed In the Ni of Sale, sill <br />Any person may bid at the sale including True' <br />9. Trustorisl hereby requests a copy of any <br />addr sirs) set forth herein. <br />10. Upon default, Beneficiary, either in person <br />of the property nr the sufficiency thereof to disc <br />of the property in its own name or In the naml <br />reserve the value of the property or any inter <br />is authorized to sue for or otherwise collect [M1 <br />The same upon any indebtedness secured here <br />No remedy herein compared upon or reserved <br />or permitted, but each will be cumulative, will <br />or by statute, and may be exercised concurear <br />11. Trainers) acknowledges that the duties i <br />the Nebraska Trust Deeds Act and Trustee wil <br />to declare Irustorisl In default or <br />Trust <br />n of this Trust Deed. Including any action by Beneflnlary to <br />.riding condemnation and bankruptcy proceedings) Beneficiary <br />extent allowed by law), costs, expenses, appraisal fees, and <br />tedness secured hereby, be immediately dun and payable and <br />tit paid. <br />9omain are hereby assigned to Beneficiary:. and Beneficiary is <br />ex <br />:btedness secured hereby, Trustorisl do hereby agree to be personally bound to paythe unpaid <br />fy judgment. <br />Sale granted herein, Beneficiary will notify Trustee who will record, publish, and deliver to <br />as then Rrlul red by ra law and well m the manor provided , sue by law, soli the property at the time <br />whole or m separate lots, parcels, or Items and In such order as Trustee will deem expedient. <br />3 of De, or Borl Notice <br />e of Default or Notice of Sale hereunder to be malted by certified mall to Trustorisl at the <br />Rats, I.., <br />r o in the li <br />Trustee or <br />or other mini lease nt an once. <br />or any part thereof. All sup sums <br />ay turn over and deliver to Trusorisl of <br />and retain future sums and without <br />or— .. k..—;—.......m . o—,.rololr o. and with or without rboard to the value <br />d do any acts or expend any sums it tleems necessary or desirable to protect or <br />.as the income therefrom; and with or withuut taking possession of the property <br />cps, profits, and income thereof, including those past due and unpaid and apply <br />Ireementisl. <br />try 'z e.m Is intended to be hereunder or now or hereafter ax iYinq tlewaor provided e <br />pry other remedy given a <br />or successively. <br />'mane will be determined solely by the express provisions of this Trust Deed or <br />m for the performance of such driers and obligations as are specdically set forth <br />upon Trustee; Trustee will not be liable for any action by it In good faith and <br />or rights of powers conferred upon it by this Trust Deed state law, <br />rt of the consent of Bn for the obligations secured hereby. Should lace the e sell, <br />-z Written nf enforcement of BC rights n nof a at Its option, may declare the entire <br />to eNOmemeby t Its rights as on any other default. <br />totems)eco eduel and Venters antl any real ttate lease off rcuts, <br />royalties, <br />re time become due and payable under any real estate lease ur under e, oil, yang <br />real resources now existiny or that may hereafter come into existence, covering <br />neflciary will he applied tf the i mrs, tlness secured hereby; or Beneficiary, at <br />M ,r rem env rig of such sums without prejudice to any of Banehciary's <br />be ae provision J n fopr aliyment in full of the debt and the hamerveyeace oft this Trust Deed of oreoccur thisb smournae will became rend are 1. <br />proper f pandeffact. ass and <br />further . 1 his Tr sn <br />14. T his Trust Deed constitutes a Security Agreement with eed to be al the property he event herein <br />15. The covenants contained in this Trust Deed will be air hetl al ,t severable; in the avant that any portion of this Trust Deed is determined to <br />be void or unrnforceaMe, that determination well not affect the validi[Y of the remaening portions of the Trust Deed. <br />INDIVIDUAL BORROWER ACKNOWLEDGMENT <br />STATF OF NEBRASKA j as <br />COUNTY OF HALL ) <br />On this 1st day of February 2002 , before me, a Notary Public, personally appeared <br />_R b t H ky a/k/a Robert D. Horky and Christy J. Hot, y, husband and wife <br />on me known to be the person(s) named in and who executed the foregoing Instrument, and acknowledged that thea, expected the same as <br />theirvoluntary out and deed. <br />IseALI GENEAALNOTAAYSta" di Nebraska 3+u -✓.''� 7L- -' <br />III RONALD L. REISER one e15er <br />My Comm. Esp. Nov. 1t, Ygg2 <br />(Type name under orivestard <br />My commission expires Nov. 11, 2002 Notary Public is and far said County and State <br />Ap #: 00248041: Primary Customer ID #'. 00033392; CIF #: fi5180 Legal Doc, Date: February 01. 2002 <br />FORM 5011, Trust Dead and Assignment of Rente Page 2 <br />