|
25. Events of Default. Each of the following occurrences shall constitute an event of elignal hereunder, (hereinafter ao, "Event of Default'):
<br />(a) Any amount payable under the Obligations secured by his Deed of Tmsf is not paid when due, afar giving effect to any applicable
<br />grace period thomm,
<br />for Truster Is otherwise in default under the arms of the Obligations,
<br />(c) Trusror falls to observe or peAOrm any of the Insensate, agreements, or conditions in this Deed of Trust,
<br />(d) Any representation or warranty )^eluding, but not limited to, any warranty of tide made by Tmstor in this Deed If Trust is false or
<br />materially misleading, or
<br />estate, in anylmanner or conveys the voluntarily or inoluntarily, without /rho Prior written consent of Beneficiay. or any interest
<br />26. AccNaretion of Debt, FOrecasvre. Bane /iciary mays at tsfoption, declare a0 Obligations secured hereby immediately due and payable
<br />cured to the satisfaction of Beneficiary,
<br />and the sa:ne.,ha /l bear interest at the default rate, if an y, se at forth in the Note or the de/auli rate, i/ an y, set forth in the most recent
<br />said option, It me ybat its option antl n its sole highest beffiernotice orademand to on upon Truster, do Ineiar more of B3
<br />'he /allowing:
<br />art teat /on /stand do a^V acts wh�chaBe^eNC eryldeema gropmanage fo and protect the securritV thereof, and eitheirwitha orowihour taking
<br />alterations and
<br />possession, in ifs own name, sue for or otherwise co / /act and receive rents, lessee and le attorneys' including e s' ee those pest due and saga /d, end
<br />apply the same, less costs end expenses o/ operetion and collection, lnduding and attorneys' lees and Beneficiary's costs, upon
<br />the Obligations secured hereby and in such grder as Beneficiary may deermine. Upon request o/ Beneficiary, Tmstor she /I assemb /e end
<br />shall make ova //able to Bene /iciary any o/ thssuessendip,of'is,vand the appgedonihereol aseaforesard, she // tlot cure m waive'odnyf tM1e
<br />Trust Ropery, the co / /ecti ^n of any tens, /
<br />de/ault theretofore or thereafter alcurring, or atlas any notice of default or notice o{ sale hereunder or inure /idafe any act done pursuant
<br />fo any such notice. Norwifhsanding Bene /icia,Yht yovrCed tot inih s Deed of Tma[ror bydlawpupon or a /ter the occurrence of en Event
<br />Beneficiary she /I be entitled to exercise every rig P
<br />u /Default, including the right to exercise the power olsale. Any o/ the actions referred to in this Section may be taken by Benellciery of
<br />such time as Benehciary may determine without regard to Me adequacy of any security for the Obligations secured hereby.
<br />Ib! Benefr'ciary shall, without regard to the adegihovf nof/ce sto rake possessOiooD %trprotectuand meanagethe Trus (Property rid opeeain
<br />oft. receiver by any court havingjurisdiction ,wi '
<br />the same antl co / leer he rents, issues and profits therebom.
<br />(I) Bene /r,city may briny any ac[lon in any court of campefentjurisdlction to foreclose this Oared of Trusror enforce any of the
<br />covenants hereof.
<br />(d) Beneficiary may elects cause the Trust Of default or and notice o/ sale to each party to this power
<br />eed o/ Trust by such event,
<br />t the addressrset
<br />Stares orflmeoca, uym�,e= =ry, °� yr °• -' -- - tmsfee's fees i/nir more roan >avu. oo Poo+
<br />expenses of exercising the power of sale and of the sale, including but not limited to,
<br />one -half of one percent of the gross sale price, and reasonable attorneys' fees, (dl to the Obligations, and )iii) the excess, if any, to the
<br />persan or persons legally entitled theretn ree( ter title
<br />All costs and expenses incurred by Beneficiary in enforcing any right under this Deed of Trust, including without limiafi e uson,
<br />fees, Fear...../ fees, premiums far title insurance, atimmor S' fees and court coats, shall be and constitute Obligations secured hereby.
<br />27. Dudes of Trustee. Truster agrees that:
<br />(a) The duties and obligations of Trustee shall be determined solely by he express provisions of this Despair Trust end Trustee Shall not
<br />be liable except for the performance o! such duties and obligations as are specifically set forth herein, and no implied covenants ar
<br />obligations shall be imposed upon Trustee.
<br />(b) No provision of this Deed Of Trust shall require Trustee to expend or risk its own funds, or otherwise occur any financial obligation in
<br />the performance o' any of its duties hereunder, or in the Foreign, of any of its rights or powers,
<br />(c) Trustee may consult with counsel of its own choosing and he advice of such counsel shall be full and complete authorization and
<br />Protection in the respect if any action taken or suffered by it hereunder in good faith and reliance /hereon, and
<br />(d) Trustee shall not be liable for any sedan taken by it in good faith and reasonably believed by it to be authorized or within its
<br />affectation ar right. or powers conferred vPon it by his Deed of Trust.
<br />28. Security Agreement and Fixture Filing. From the data of its recording, this Deed of T st shall constitute a security agreement and
<br />fixture filing under the l mNSpns of the Nebraska Uniform Commercial Code with respect to those onerous described in the preambles hereof
<br />as constituting a part of the Trust Property, together with all other property of Trusror either similar or dissimilar to he same, now or
<br />hereafter located at or on the Trust Property. For this purpose, the following information is set firth:
<br />do) Name end Address of Debtor/Tmsror.. (b) Name and Address of Secured Party /Benaficary:
<br />RSF Limited Partnership Timothy R. _ Wells Fargo Bank Nebraska, N.A.
<br />Harris and Kristine L. Harri6 .. -
<br />2508 Cottonwood Road 304 W Third Street ._
<br />Grand Island, NE 688017547 _ GT'and Island, NE _
<br />fd Debtor's Social Security Number /Federal Taxpayer 1. D. Number _-
<br />(d) This document rovers goods which are or are to become h'xtores.
<br />let The name of the .card owner of the Trust Property is the DebfadTrustor described above. make
<br />fur Fadva Advances. r Be S c h f of Beneficiary's ithii option, prior fi m, ", shall be secured by th'stDeedd it Trust Trustee o time shall the may
<br />future advances ro Truster. Such future advances, with
<br />amount of the Obligations secured by this Deed of Trust, not including sums advanced to protect the security, exceed the rota/ sum of
<br />$ "4,500.00 _
<br />Nothing herein contained shall imply an y obligation on the part of Me Bxneffcfery to make any sucadditional i bona advances
<br />Advances of dsbursemenis made by Beneficiary to protect the secant , under the terms hereof, discretionary. she// set be deemed to
<br />be pdonal advances.
<br />30. R. adgeyence. Upon payment of all Obligation., secured by this Deed of Trust, Benehciary shall request Trustee to recanvey the Trust
<br />Property and seal/ svrrantler this Deed of Treat and all notes evidencing Obligations secured by this Dead of Trust to Trustee. Trustee shall
<br />recanvey -she Trust Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons
<br />shell pay all roses of recordation, if any.
<br />31. Subsgfte Tmsas. Beneficiary, at its option, may from time to time remove Trustee and appoint a Successor Trustee to any Trustee
<br />amougoad hereunder by an instrument recorded in the county on which Mrs Deed of Trust is recorded, Without conveyance of the Trust
<br />Property, ire Successor Trustee shall succeed to all title, power and duties conferred upon Trustee herein and by applicable law.
<br />32. 141- mal -depua Right. of Beneffelary. Beneficiary may at any time and from tome to time, without notice, consent in Me making of any
<br />plat of the Trust Property or the creation of any easement thereon or any covenants restricting use or occupancy thereof or agree to altar or
<br />mend the terms of this Deed of Trust Any personal property remaining upon the Trust Property after the
<br />an deed in Property has b e been seleessed
<br />or a occupied by Beneficiary, its agent or any Purchaser following Trustee's sale or foreclosure, or m y Of
<br />tereclosme, shall be conclusively presumed to have been abandoned by Truism,
<br />33. Trusror hereby requests the' a copy If any notice of defend and notice of sale made or executed by Trustee pursuant to the provisions
<br />hereof be sent to Trustor at its nuellnq address set forth above. Page 4 of 5
<br />
|